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The California Supreme Court ruled unanimously on May 26, 2009, that the approximately 18,000 same-sex marriages that had occurred prior to Proposition 8's passage would still be valid and must continue to be recognized in the state, since the amendment does not state explicitly that it would nullify the same-sex marriages performed before it ...
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.
[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]
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 ...
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."
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.
That's the case with a curious little lawsuit the California Chamber of Commerce and California Restaurant Assn. dropped in Sacramento federal court on New Year's Eve. Their target is Senate Bill ...
Coleman v. Miller, 307 U.S. 433 (1939), is a landmark decision of the United States Supreme Court which clarified that when proposing for the ratification of an amendment to the United States Constitution, pursuant to Article V thereof, if the Congress of the United States chooses not to set a deadline by which the proposed amendment must be acted upon by the requisite three-fourths of state ...