Assoc. Dean Amar Comments for Media on Prop. 8
Associate Dean Vikram Amar commented on the ongoing legal battle over California's Proposition 8 for media including the San Jose Mercury News and The Bay Citizen. The same-sex marriage ban was found to be in violation of the U.S. Constitution by U.S. District Judge Vaughn Walker in 2010, but that ruling has been challenged by Prop. 8 supporters who contend that Judge Walker, who is involved in a same-sex relationship, ought to have recused himself. Amar said that recusal would only be required if Judge Walker, now retired, would have derived an immediate benefit from the decision.
"The burden of proof is on the Cooper folks - they should have to show that he has intent to marry," he told The Bay Citizen.
Vikram Amar, Associate Dean of Academic Affairs and Professor of Law with the UC Davis School of Law, is a national authority in the fields of constitutional law, civil procedure, criminal procedure, and remedies. His biweekly column for FindLaw.com, a leading provider of online legal information, centers on his expertise in constitutional law.