The Ninth Circuit’s Perry Decision and the Constitutional Politics of Marriage Equality
William N. Eskridge Jr., Stanford Law Review & The Stanford Law Review
Abstract
In Perry v. Brown, the Ninth Circuit ruled that California’s Proposition 8 violates the Equal Protection Clause. Reacting to the state supreme court’s recognition of marriage equality for lesbian and gay couples, Proposition 8 was a 2008 voter initiative that altered the state constitution to “restore” the “traditional” understanding of civil marriage to exclude same-sex […]