Proposition 8 on Trial

by Courtney G. Joslin and Lawrence C. Levine | Sacramento Bee

The first phase of what will be a long legal battle about the constitutionality of California’s Proposition 8 will soon come to an end. For the past month, a bevy of talented lawyers in a federal district courtroom in San Francisco have argued about whether the U.S. Constitution permits the voters of California to limit the institution of marriage to heterosexuals, while relegating California’s gay and lesbian couples to an alternative regime of “domestic partnerships.” While the California Supreme Court last year upheld the constitutionality of Proposition 8 under its interpretation of state law, the current case, Perry v. Schwarzenegger, challenges Proposition 8 under the federal Constitution.

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