Constitutional Law
Jan. 20, 2011
A Second Crack at Prop. 8
The state Supreme Court could ultimately decide the fate of Proposition 8 by way of an arcane state law. By Phil Goar of the 2nd District Court of Appeal.
Through an arcane process known as the "certified question" (California Rule of Court 8.548) the state Supreme Court will have a second opportunity to put the kibosh on Proposition 8 - this time with a procedural ruling that does not reach the merits of the state's ban on same-sex marriage but may have far-reaching effects on California's initiative process.
As everyone knows, the federal district court in San Francisco ru...
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