The Prop 8 Litigation: Good for Gays, Not Good for Democracy
I am quite pleased the result of the Proposition 8 litigation. I believe that gays should have the right to marry, and I agree with District Judge Walker’s conclusion that Prop 8 violates the Equal Protection Clause, because there is no rational basis for it.
But the process bothers me. An important party got lost in the shuffle: democracy.
Moskovitz, Myron, "The Prop 8 Litigation: Good for Gays, Not Good for Democracy" (2013). Publications. 589.