Constitutional Law
Aug. 11, 2010
'Will of the People' Irrelevant Under Federal Constitution
While the California Constitution allowed voters to ban same-sex marriage, the federal constitution is not as flexible, by M. Katherine B. Darmer of Chapman University School of Law.
Despite pundits' repeated laments that Judge Vaughn Walker wrongly "ignored the will of the voters," his decision makes clear why voter preference is wholly irrelevant under the 14th Amendment. The federal case considered a question beyond that presented in the state constitution - whether Proposition 8 violated the federal constitution. In the state case, the "will of the voters" was arguably relevant, be...
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