An article by Susan Ferriss of McClatchy Newspapers discusses the role of the courts in evaluating measures initiated and approved by voters -- in this case, the 2008 California vote on Proposition 8, banning same-sex marriage. Voters are often frustrated when courts intervene and reject measures approved in an election. This article makes the important point that initiatives must abide by the constitution just as measures passed by legislative bodies must. Voter-approval does not always equate with constitutionality, and is not an immunization from judicial review.


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