AALS Executive Committee Program
Democracy’s Dilemma: The Case of Proposition 8
Marriott Salon 1, Marriott Pavilion/Lobby Level
In November 2008, California voters approved Proposition 8, which overturned a state Supreme Court decision that had upheld the legality of same-sex marriage. The election and its aftermath sparked deep disagreements about the rule of law and the nature the democratic process.
Supporters of same-sex marriage questioned whether a direct initiative was the appropriate way to make policy when fundamental civil rights were at stake. Defenders of the proposition argued that marriage is a cultural institution reflecting venerable traditions, making a vote of the people entirely appropriate.
The role of the courts, the meaning of marriage, the scope of civil rights protections, the complications of a federal system, and the intricacies of California politics – all of these matters and more were implicated by the controversy surrounding Proposition 8.
This AALS Executive Committee roundtable discussion draws on leading experts who are eminently qualified to address these concerns, which go to the heart of defining the legal system’s role in a pluralistic society.
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