Professor Joslin Comments on Prop. 8 Ruling for KPCC, Sacramento Bee
Professor Courtney Joslin commented on the U.S. Court of Appeals for the Ninth Circuit ruling on California's Proposition 8 for media including Los Angeles-based National Public Radio affiliate KPCC and the Sacramento Bee. The Ninth Circuit's ruling, issued February 7, struck down the state's same-sex marriage ban, upholding a 2010 federal court decision.
Speaking prior to the public announcement of the ruling, Joslin commented for KPCC that the Ninth Circuit could choose to rule broadly and hold "that the right to marry that has been identified as a fundamental right under the due process clause includes the right to marry someone of the same sex, and that proponents here have not offered a compelling state interest to justify the infringement of that fundamental right." Alternatively, the Court could hold that Proposition 8 discriminates against same-sex couples in violation of the Equal Protection Clause.
When it became known that the Ninth Circuit had ruled more narrowly, Joslin commented for the Sacramento Bee that such a ruling might be less likely to invite review by the U.S. Supreme Court.