California legal newspaper reports on attempt by gay rights groups to intervene in Perry v. Schwarzenneger; San Francisco may file motion to intervene

Mike McGee of The Recorder covers what is by now familiar ground. But he also reports on something new: Chief Deputy City Attorney Therese Stewart confirmed Friday that San Francisco is contemplating intervention and likewise wants to ensure a complete factual record. She said it's in the city's interest to ensure stable families that don't wind up on the public fisc....

Legal Commentary on Proposition 8 and the Right to Marry • Jul 22, 2009

A political reason for including substantive religious-liberty exemptions in the California Marriage Equality Act Initiative?

"In California, you only needed to flip 2 percent of voters," Laycock said, referring to Proposition 8's victory last November by a 52-48 margin. "If you put in the religious exemption, I think you flip that 2 percent."...

Legal Commentary on Proposition 8 and the Right to Marry • Jun 30, 2009

Yes on Equality may collect petition signatures for second version of marriage-equality initiative: Will a stronger religious-liberty clause emerge?

I did not consider that Yes on Equality, the Initiative's proponent, has had opportunity since late January to remedy arguable deficiencies in the religious-liberty provision. Charles Lowe proposed the Initiative's language with the help of attorneys. In this June 11th Bay Area Reporter article, he says that he would be "very surprised if what we filed wound up being what is used." Are further cha...

Legal Commentary on Proposition 8 and the Right to Marry • Jun 26, 2009

Will a ballot to repeal Prop. 8 have a (substantive) religious-liberty exemption?

But do initiative proponents understand or even anticipate concern over the alleged inadequacy of language like that of the initiative's religious-liberty exemption? Are they taking into account stronger religious-liberty exemptions that allowed for successful passage of New Hampshire's equal marriage law? Apparently not....

Legal Commentary on Proposition 8 and the Right to Marry • Jun 12, 2009