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Strauss v. Horton, 46 Cal. 4th 364, 93 Cal. Rptr. 3d 591, 207 P.3d 48 (2009), was a decision of the Supreme Court of California, the state's highest court.It resulted from lawsuits that challenged the voters' adoption of Proposition 8 on November 4, 2008, which amended the Constitution of California to outlaw same-sex marriage.
Pullman abstention was the first "doctrine of abstention" to be announced by the Court, and is named for Railroad Commission v. Pullman Co., 312 U.S. 496 (1941).The doctrine holds that "the federal courts should not adjudicate the constitutionality of state enactments fairly open to interpretation until the state courts have been afforded a reasonable opportunity to pass on them."
In November 2008, California voters overturned the In re Marriage Cases decision by approving an amendment of the state constitution called Proposition 8. In June 2010, Proposition 8 was declared unconstitutional by U.S. district judge Vaughn Walker based on the Due Process and Equal Protection clauses of the Fourteenth Amendment of the United ...
Case history; Prior: 226 Cal. Rptr. 448 (Cal. App. 1986); reversed, 47 Cal.3d 1152, 255 Cal.Rptr. 542, 767 P.2d 1020 (1989); cert. granted, 493 U.S. 806 (1989)Holding; Attorneys may be required to be members of a state bar association, but compulsory membership dues collected by the association may be used only to regulate the legal profession or improve the quality of legal services in the state.
[citation needed] If the proposition passes, it becomes a part of the state constitution (if it is a proposed amendment) or the state's statutes (if it is a proposed statute), in the latter case having the same legal effect as if it had been passed by the state legislature and signed by the governor. [citation needed]
The California Supreme Court and all lower California state courts use a different writing style and citation system from the federal courts and many other state courts. California citations have the year between the names of the parties and the reference to the case reporter, as opposed to the national standard (the Bluebook) of putting the ...
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Lockyer v. Andrade, 538 U.S. 63 (2003), [1] decided the same day as Ewing v. California (a case with a similar subject matter), [2] held that there would be no relief by means of a petition for a writ of habeas corpus from a sentence imposed under California's three strikes law as a violation of the Eighth Amendment's prohibition of cruel and unusual punishments.