The Great Secret of Constitutional Law: Why Proposition 8 Will (and perhaps should) Be Upheld
…of same-sex marriage, legislative reform efforts were gaining ground in a number of states. Granted, these were usually modest civil union compromises, but they were not sparking the kind of backlash that led to the Proposition 8 effort in California. Such statutory reform could have laid the foundation for further legal development toward full recognition of the right to marry. In retrospect, the federal courts were probably wise to avoid any su…
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