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Tag: Proposition 8

June 26, 2013

PLF's Official Statement on Hollingsworth v. Perry, the Supreme Court's Prop. 8 case

Although Pacific Legal Foundation takes no position on the constitutionality of Proposition 8, PLF submitted an amicus brief to the U.S. Supreme Court solely on the issue of standing.  PLF argues that sponsors of any successful California initiative have standing to defend the measure in court if elected officials decline to do so.  Today, the ...

April 01, 2013

Reading the tea leaves on the Hunter-Seattle doctrine

The oral argument in last week's Prop. 8 case, Hollingsworth v. Perry, suggested that the justices may be skeptical of the Hunter-Seattle doctrine.  While PLF has taken no position on the merits of the Prop. 8 case, the United States, as amici, put forth a legal theory that relates to a doctrine in which PLF ...

February 08, 2012

The Ninth Circuit’s Prop. 8 decision contains good news for the initiative process

By now most readers have probably heard about the ruling by the Ninth Circuit yesterday in the Proposition 8 case. In a 2 to 1 decision, the Ninth Circuit found that Proposition 8 – which defined marriage as only between one man and one woman – is unconstitutional. Whether you agree or disagree with that ...

February 16, 2011

Cal Supremes will hear Prop 8 standing case

Author:  Damien M. Schiff Today the California Supreme Court voted unanimously to accept the certified question from the Ninth Circuit Court of Appeals about whether the official sponsors of Proposition 8, a voter-approved initiative that effectively banned same-sex marriage, have the right to defend that measure's legal validity in ...

January 24, 2011

Prop 8 proponents deserve their day in court

Author:  Damien M. Schiff Today PLF filed an amicus letter urging the California Supreme Court to accept a certified question from the Ninth Circuit Court of Appeals in Perry v. Schwarzenegger, the challenge to Proposition 8, California's gay marriage ban.  In Perry, several homosexual couples challenged Prop 8 on constitutional gro ...