Will California's Proposition 8 Survive the US Supreme Court?

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Much has changed since Proposition 8 passed in 2008 and polls show that if it were on the California ballot now, it would be likely to fail. Today, at the US Supreme Court, Justice Anthony Kennedy, often the decider between his four liberal and four conservative colleagues, acknowledged that Prop 8 has taken the court into "uncharted waters." Liberal Justice Sonya Sotomayor posed the question, "If the issue is letting the States experiment and letting the society have more time to figure out its direction, why is taking a case now the answer?" We search for answers to that and other questions.




Warren Olney