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How Constitutional is Proposition 8?
New University • Feb 18, 2009
"The math [seems to] favor supporters of Proposition 8 not opponents of Proposition 8," Chemerinsky said, discussing the 4-3 split of the Court when it struck down a previous ban on gay marriage.
"[Supporters of proposition 8] only need to get one other vote, while opponents have to keep all four," Chemerinsky said.
It is likely that Proposition 8 will be upheld, but that it will not be made retroactive. Thus, all marriages performed between May and November of 2008, like Chang's, will remain legal.
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