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Claremont Institute Center for Constitutional Jurisprudence Supreme Court Brief on Proposition 8 by John Eastman

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The Center for Constitutional Jurisprudence filed a "friend of the court" brief in the Supreme Court, defending Proposition 8, the initiative approved in 2008 by more than 7 million Californians that restored the definition of marriage as an institution of one man and one woman. The Center focused on the right of the initiative's proponents to defend the initiative when the Attorney General of the State refused to do so, highlighting the important principle that the people are the ultimate sovereign. It also argued that the Supreme Court's prior recognition that marriage is a fundamental right was rooted in the obviously biological fact that it furthers, for the benefit of society, the procreation and rearing of children and is therefore, as the Court noted, "fundamental to our very existence and survival." The brief, authored by the Center's Chairman, John Eastman, and joined by former U.S. Attorney General Edwin Meese, III, is available HERE.  Dr. Eastman has also published a summary of the issues that the Court is addressing in both the Proposition 8 case and the Defense of Marriage Act case in the form of a Legal Memorandum for the Heritage Foundation, which you can see HERE.