Professor Joslin Publishes Prop 8 Op-ed for Sacramento Bee
Professor Courtney Joslin co-authored a commentary on the federal court challenge to California's Proposition 8 that ran as the lead article in the Sacramento Bee's California Forum section on February 7. The article, "Proposition 8 on Trial," was co-written with Lawrence C. Levine, a law professor at the University of the Pacific McGeorge School of Law.
The article notes that the federal judge in the case, Perry v. Schwarzenegger, will be guided by U.S. Supreme Court precedent, notably the case of Romer v. Evans, in which the Court struck down an initiative approved by Colorado voters on the ground that the real basis behind it was anti-gay animus, which was "not a constitutionally acceptable or sufficient justification for singling out lesbian and gay people for differential treatment. Thus, one of the core questions presented by the Perry case in California is whether there is any justification for the exclusion of same-sex couples from marriage other than animus."
The article asserts that "given a full and fair opportunity to present any evidence supporting the view that permitting same-sex couples to marry causes harm, the proponents of Proposition 8 were unable to do so." Still, "the ultimate resolution is many months and possibly years away, as the judge's opinion will not be rendered until later this year, well after closing arguments in March at the earliest. Whatever the judge rules, the decision will surely be appealed, perhaps all the way to the U.S. Supreme Court."
Professor Joslin is a scholar in the field of family and relationship recognition, with a particular focus on same-sex and non-marital couples.