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California and proposition two hundred and fiveteen

  • It meant that same-sex marriage was legal inside Hawaii, unless a federal court overturned it;
  • Larson eds , Dangerous Democracy?

The majority of Californian citizens opposed same-sex marriage and did not prevail in that case. It was an initiative constitutional amendment.

The purpose of this measure was to override In Re Marriage which legalized same-sex marriage that year. A 2011 Gallup poll shows a gradual shift in favor of gay marriage: It passed with 52.

List of California ballot propositions 2010โ€“19

Money was a big player as both sides raised huge amounts: Schwarzenegger citing the Equal Protection Clause. Here again, the courts were more progressive than the majority of the voters. Same-sex marriage still divides in California but the minority of supporters have succeeded in getting their voice heard and are more and more supported. The position of the courts is extremely interesting as they have consistently taken the more progressive path and defended minority rights.

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And in the November 2012 elections, four propositions in favor of same sex marriage passed in Minnesota, Maine, Maryland and Washington. Propositions can be checked 35The initiative process allows citizens to vote their preferences on a variety of issues.

But it is the first step in their power and decision-making. A major provision in American government is that each branch of power โ€” the legislative, the executive, the judiciary โ€” can be checked by the other two. Also, federal decisions can overturn state decisions.

In the case of propositions, as they express the will of the people, they do not belong to any branch in particular and can therefore be checked by all three branches. Our study has shown that most initiatives have been challenged later.

The state executive, ie. At the federal legislative level, Congress, as in the marijuana propositions 215 and 19 and the 1970 Controlled Substances Act, was used by the courts to overturn decisions made at the state level.

  • Larson eds , Dangerous Democracy?;
  • Larson eds , Dangerous democracy?
  • Proponents show that states with the initiative have a greater turnout at elections;
  • However, our study shows that money alone does not always decide the outcome of an initiative;
  • Same-sex marriage still divides in California but the minority of supporters have succeeded in getting their voice heard and are more and more supported;
  • Larson eds , Dangerous democracy?

The role of the courts seems less straightforward. At the state level, we saw that in a 1993 case involving civil rights, the Hawaii Supreme Court in Baehr v. Lewin ruled that refusing same-sex marriage was sex discrimination.

It meant that same-sex marriage was legal inside Hawaii, unless a federal court overturned it. Department of Public Health that its Constitution allowed same-sex marriage. There followed 24 constitutional amendments, all of which passed by mostly high margins.

Those examples show that the courts california and proposition two hundred and fiveteen been more liberal and progressive on the question of same-sex marriage than even some groups of citizens such as opponents or those expressing their opposing view in the polls. The case is different concerning the legalization of marijuana: Those decisions are more conservative than the propositions that passed in California and it would be interesting to see in 2012 what the Supreme Court would rule should there be an appeal on the question as public opinion has just turned in favor of the use of recreational marijuana, and voted Yes in Colorado and Washington on Nov 6, 2012.

Propositions are more and more used. In those cases, they take cues from groups they trust. Proponents show that states with the initiative have a greater turnout at elections.

California Proposition 65 (1986)

However, our study shows that money alone does not always decide the outcome of an initiative. Another criticism is that the majority supress minority rights. Some of the criticism might include the following points: Some say that negative money, the money spent by opponents, is the best predictor of passage.

They add that it is the source of money rather than the amount that matters. Today, there california and proposition two hundred and fiveteen no limit on initiative campaign finance. Our study has uncovered a small part of the fights that take place in California concerning marijuana and same-sex marriage. It has shown that citizens, with the help of organized interest, can prevail in some issues or lose in others. But no vote is final as the system of checks and balances applies here too.

The recent past has shown that controversial issues such as those studied here usually cross state borders and gain national and even international attention.

Additional studies will probably further show the direct impact which citizens are gaining on government. Ernst and Bruce A. Larson edsDangerous Democracy?: Larson edsDangerous democracy? Mitchell Dan 31 May 2008. The New York Times. Retrieved on 11 August 2009.

Larson edsDangerous Democracy? Interest Group Involvement in Ballot Campaigns.

Wright 1956The Power Elite. Sabato Larry J, Howard R. The U of Michigan Press.