Assoc. Dean Amar Comments on Prop. 8 for National Law Journal, Legal Talk Network
Vikram Amar, Associate Dean and Professor of Law at UC Davis School of Law, commented on constitutional law issues at play in the legal battle over California's Proposition 8 for media including the National Law Journal and the Legal Talk Network. The same-sex marriage ban initiative that was passed by voters in 2008, then struck down by federal court in 2010, a decision that was affirmed by the U.S. Court of Appeals for the Ninth Circuit earlier this month.
Amar commented for the National Law Journal on the prospects of a U.S. Supreme Court review of Prop. 8. "I think it's fair to say it is less likely the Supreme Court will have to take cert than had Reinhardt written a broader opinion recognizing a same-sex marriage right for all states in the Ninth Circuit," Amar said. "On the other hand, there are a few factors that still make cert significantly likely," he said, noting that that the appellate ruling recognized same-sex marriage in the nation's most populous state, raised significant issues of standing, and may create a "lock-in problem" in which states lack the ability to experiment with changes to same-sex marriage laws.
As social attitudes appear rapidly to be shifting in favor of same-sex marriage, the timing of a Supreme Court review could significantly impact the fate of Prop. 8, Amar said. "Part of what the Supreme Court might say depends on when the Supreme Court says it, and time is probably on the side of same-sex marriage proponents and against the backers of Prop. 8."
In an interview on the "Lawyer to Lawyer" program on Legal Talk Network, Amar briefly recounted the history of Prop. 8, analyzed the Ninth Circuit's opinion, and spoke on prospects for a U.S. Supreme Court review of the initiative.
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 Justia.com, a leading provider of online legal information, centers on his expertise in constitutional law.
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