87°

Topics

Citizens Initiative and Recall
A lesson for California: Bad initiatives make bad law
A lesson for California: Bad initiatives make bad law

Last year's Proposition 8 ruling by the U.S. Supreme Court changed the lives of many same-sex couples and their families in California for the better. But the political fallout from that decision is also having a profound and worrisome effect on the state's initiative process. The reason has to do with the nature of the court's action. The Supreme Court did not rule on the constitutionality of Proposition 8 itself. Rather, it decided an issue of standing, concluding that the initiative's backers had not been directly harmed by a lower-court ruling that the law was unconstitutional and that they therefore lacked standing to appeal that ruling. Since the elected officials...

Loading