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Strauss v. Horton

Supreme Court of California
46 Cal. 4th 364 (2009)


Facts

In California’s election in November 2008, Proposition 8, an initiative measure, was submitted to the electorate for a vote. Proposition 8 sought to amend California’s constitution to state that only heterosexual marriages are valid or recognized by the state of California. Proposition 8 was approved by a majority of the electorate during the November 2008 election. A section that stated that only heterosexual marriages were valid or recognized in the state of California was therefore added to the California’s constitution. Same-sex couples (plaintiffs) who had already married or planned to marry brought suit to challenge the deprivation of their fundamental rights to marry by means of the voter initiative measure.

Rule of Law

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Issue

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Holding and Reasoning (George, C.J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Concurrence/Dissent (Moreno, J.)

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