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California Supreme Court

Apr. 1, 2009

Should California Exit the Marriage Business?

If the California Supreme Court upholds a constitutional amendment banning same-sex marriage, the justices are still stuck with a major dilemma: How do they reconcile the November voter initiative, which denied marriage to same-sex couples, with their ruling from last year that called that exclusion discrimination? A simple but politically inflammatory solution would be for the state to get out of the marriage business altogether.

By Laura Ernde
Daily Journal Staff Writer

SAN FRANCISCO - If the California Supreme Court upholds a constitutional amendment banning same-sex marriage, as many observers expect it will, the justices are still stuck with a major dilemma.

How do they reconcile the November voter initiative, which denied marriage to same-sex couples, with the court's ruling last year that called that exclusion discrimination? In re Marriage Cases, (2008...

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