[EL] BREAKING NEWS: DOMA struck down, Prop 8 dismissed on standing

[Scarberry, Mark]

Under the Prop 8 decision, could the voters (or legislature) of a state give standing to initiative proponents by enacting a law providing that they would represent the state in challenges to initiatives, with state officials also representing the state (if the officials chose to do so)?

Mark

Mark S. Scarberry
Professor of Law
Pepperdine Univ. School of Law


From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Justin Levitt
Sent: Wednesday, June 26, 2013 7:37 AM
To: law-election at uci.edu
Subject: [EL] BREAKING NEWS: DOMA struck down, Prop 8 dismissed on standing

BREAKING NEWS: DOMA struck down, Prop 8 case dismissed on standing<http://electionlawblog.org/?p=52197>
Posted on June 26, 2013 7:34 am<http://electionlawblog.org/?p=52197> by Justin Levitt<http://electionlawblog.org/?author=4>

DOMA has been struck down as unconstitutional. Prop 8 case from California dismissed on standing grounds (initiative proponents have no cognizable injury distinct from the general population). I haven't yet read thoroughly, but SCOTUSblog reports that neither finds a constitutional right to same-sex marriage.

DOMA decision is here<http://www.supremecourt.gov/opinions/12pdf/12-307_g2bh.pdf>; Prop 8 is here<http://www.supremecourt.gov/opinions/12pdf/12-144_8ok0.pdf>.

Both 5-4, very different majorities. DOMA is Kennedy, Ginsburg, Breyer, Kagan, Sotomayor; Prop 8 is Roberts, Scalia, Ginsburg, Breyer, Kagan.
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Posted in legislation and legislatures<http://electionlawblog.org/?cat=27>, voter initiatives<http://electionlawblog.org/?cat=61> | Comments Off

--
Justin Levitt
Associate Professor of Law
Loyola Law School
213-736-7417
justin.levitt at lls.edu<mailto:justin.levitt at yale.edu>
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