[lbo-talk] Is prop 8 constitutional?

Mark Bennett bennett.mab at gmail.com
Wed Nov 5 19:51:50 PST 2008


As an initial thought, I don't see how Prop 8 can be read to be retroactive, although I'm sure a case will end up before the Cal Supreme Court asking it to decide whether it is.


> Guess who is Attorney General, in California? Jerry Brown. His office
> has been dogging and challenging the Prop 8 folks for months. In
> August the Brown ruled Prop 8, if passed was not retroactive. If the
> Right tries to make that case, they might well lose, because there are
> various laws and principles that say you can't take away a right, once
> it has been granted.



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