Proposition 8 Passes: What Now?

11/05/08 Stephen Bainbridge.com Punditry blog: UCLA law professor Stephen Bainbridge discusses two legal issues raised by the Proposition 8 litigation:

1) Is Proposition 8 an amendment or revision?

Relying on Amador Valley Joint Union High Sch. Dist. v. State Bd. of Equalization, 22 Cal.3d 208, 149 Cal.Rptr. 239 (Cal 1978), Bainbridge concludes that "Prop 8 looks like an amendment."

2) Is Proposition 8 retroactive?

Posting comments by USC Law Professor David Cruz, Bainbridge observes that uncertainty surrounding retroactive application "was a strong argument against Prop 8 as it was worded."