23
Nov
08

the next legal steps

nakedcity_aa1I interviewed my friend and USC law professor David Cruz in Frontiers about what’s next in the legal battle for Proposition 8. David was on KNBC-TV this Sunday morning talking about the same subject. Just like he did on TV, in my interview he gives an informative, succinct explanation for how Prop 8 could get on the ballot if it even might be unconstitutional:

 

If that was the case why was it put on the ballot in the first place? Didn’t Prop. 8 have to pass some scrutiny to even go in front of the voters?

Proposition 8 had to largely pass procedural scrutiny for the validation of the signatures they got. It is routine for the courts to let measures go before the voters and not pass judgment on potential constitutional problems on them even if they might have a good argument, because it is entirely possible that the voters could disapprove the measure. Then the courts never have to say anything on the issue, and they can leave more undecided. It has happened in the past that measures that did go before the voters and were approved subsequently got invalidated by the Court. The big decision in this case came under Governor Deukmejian, and the Court invalidated key portions of a law designed to restrict criminal defendant’s constitutional rights.

 

 


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