California Constitutional Conundrums -- State Constitutional Quirks Exposed by the Same-Sex Marriage Experience

15 Pages Posted: 23 Nov 2011

See all articles by Vikram D. Amar

Vikram D. Amar

University of California, Davis - School of Law; University of Illinois College of Law

Date Written: 2009

Abstract

While constitutional law professors and commentators tend to devote their energy primarily, if not exclusively, to analyzing the Constitution of the United States, state constitutions also provide many learning opportunities. Just as there is a so-called laboratory value of federalism with respect to state and local statutory and administrative policies, features of and innovations in state constitutionalism should be looked at by other states — and at times the federal government — for possible emulation.

California’s recent (and ongoing) state constitutional experience with gay marriage and the state initiative process provide cases in point. There are numerous respects in which California’s state constitutional treatment of the same-sex marriage question may be informed by, and would profit from, a deeper awareness of the federal constitutional landscape. This essay explores some of the lessons that California and other states could learn from the federal government and Constitution. It also discusses ways in which states, by operating as laboratories, can influence the federal government and courts.

Suggested Citation

Amar, Vikram D., California Constitutional Conundrums -- State Constitutional Quirks Exposed by the Same-Sex Marriage Experience (2009). Rutgers Law Journal Vol. 40, No. 4, p. 741, 2009, Available at SSRN: https://ssrn.com/abstract=1963396

Vikram D. Amar (Contact Author)

University of California, Davis - School of Law ( email )

Martin Luther King, Jr. Hall
Davis, CA CA 95616-5201
United States

University of Illinois College of Law

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States

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