Perspective
Feb. 22, 2012
A conundrum from which no plaintiff could escape
9th Circuit Judge N. Randy Smith's dissent proposes a sweeping test that would leave Proposition 8 challengers eternally disenfranchised. By Jan Mock of Nossaman LLP
Judge N. Randy Smith issued the sole dissent in Perry v. Brown, 2012 DJDAR 1705, on the issue of whether Proposition 8 violated the federal Constitution because - in short - he was unconvinced that Proposition 8 was not "rationally related" to a "legitimate governmental interest." But his view proposes a sweeping test beyond "rationality" that would leave Proposition 8 challengers eternally disenfranchised. <...
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