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May 13, 2009

Prop 8 Article in Berkeley Journal of Politics and Policy

Those following the prop 8 litigation may find the following article interesting.  It was recently published in the Berkeley Journal of Politics and  by Courtney Joslin, Acting Professor at the University of California Davis School of Law.
Here is the abstract:
In a recent article, Professor Jesse Choper argued that, if held to be valid, Proposition 8 should not be applied retroactively. This conclusion, however, does not fully answer the question posed by the Court, which is: if valid, what effect does Proposition 8 have, if any, on the 18,000 marriages that were entered into before November 5, 2008. In order to answer the retroactivity question posed by the Court, one must consider another inquiry: what does it mean to apply Proposition 8 prospectively only? In this article, I argue that a prospective-only application of Proposition 8 would have no effect on the existing 18,000 marriages. Further, in response to an argument made by the interveners, I also urge that the fact that the putative spouse doctrine may extend some marriage-based rights for some limited period of time to persons who had a good faith belief that they were in a valid marriage does not in any way affect this conclusion.
And here is a link to the article:

May 13, 2009 | Permalink


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