Constitutional Law
Jan. 15, 2010
Why We Need a Federal Solution
Patricia Cain of Santa Clara University says a uniform rule for same-sex unions is needed as state action has created a legal patchwork of inconsistent laws.
By Patricia Cain
The same-sex marriage trial of the century began in San Francisco on Monday, January 11. The case, Perry v. Schwarzenegger, challenges the constitutionality of California's anti-gay-marriage Proposition 8 under the federal constitution. The reason I call this the same-sex marriage trial of the century is that, if the plaintiffs in this case are ultimately successful, the case will lead to a federal solution to a mounting problem that has left same-sex mar...
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