October 30, 2008

59 Leading Legal Scholars Reject Proposition 8 Arguments

Verdict Is In:

59 Constitutional and Family Law Professors
From 14 California Law Schools
Analyze and Reject Prop 8 Claims

SACRAMENTO — October 29 — Today the NO on Prop 8 campaign g law professors concluding that the Prop. 8 campaign’s legal arguments are false, adding their voices to a growing chorus of educators, newspapers and other experts who say the Prop. 8 campaign has been deceptive and misleading.

The list of scholars include Erwin Chemerinsky, the Founding Dean of the University of California School of Law; Kathleen Sullivan, Former Dean of Stanford Law School; and Paul Brest, Dean Emeritus of Stanford Law School.

“We recognize that people of integrity can differ in their views of the meaning of marriage,” the scholars write. “But people who want to take the right to marry away from same-sex couples should not rely on misleading claims about the current state of the law or about what Proposition 8 would do.”

The legal scholars conclude:

1. Prop. 8 clearly discriminates against gay men and lesbians.

2. Prop. 8 would have no effect on the tax exemptions of churches.

3. Prop. 8 would have no effect on teaching or the protection of parental rights already provided by state law.

“As teachers of the law we feel an obligation to speak out when claims are made about the law that are simply and clearly false,” said Professor Pam Karlan, the Kenneth and Harle Montgomery Professor of Public Interest Law at Stanford Law School.

“The Prop. 8 campaign can’t produce a single respected expert to back up any of their preposterous claims,” said Rep. Zoe Lofgren (D-CA), a member of the House Judiciary Committee. “Californians deserve to know the facts. I am grateful California’s best legal scholars have taken the time to review the facts and the law and to share their conclusions with the public.”

The full text list of the Constitutional Law Professors follows.

Kathryn Abrams, Herma Hill Kay Distinguished Professor of Law, UC-Berkeley School of Law • John M. Adler, Professor of Law, University of San Francisco School of Law • Scott Altman, Vice Dean and Virginia S. and Fred H. Bice Professor of Law, University of Southern California Gould School of Law • Diane Marie Amann, Professor of Law, University of California, Davis School of Law • Vikram Amar, Associate Dean for Academic Affairs and Professor of Law, University of California, Davis, School of Law • Angelo N. Ancheta, Assistant Professor of Law, Santa Clara University School of Law • R. Richard Banks, Jackson Eli Reynolds Professor of Law, Stanford Law School • Ash Bhagwat, Professor of Law, University of California, Hastings College of the Law • Grace Ganz Blumberg, Professor of Law, UCLA School of Law • Paul Brest, Dean Emeritus, Stanford Law School • Rebecca Brown, Newton Professor of Constitutional Law, USC Gould School of Law • Kim Buchanan, Assistant Professor, University of Southern California Gould School of Law • Alan Brownstein, Professor of Law, Boochever and Bird Chair for the Study and Teaching of Freedom and Equality, UC Davis School of Law • Patricia A. Cain, Inez Mabie Distinguished Professor of Law, Santa Clara University • Erwin Chemerinsky, Founding Dean, University of California, Irvine School of Law • Eric C. Christiansen, Associate Professor of Law, Academic Co-Director, Honors Lawyering Program, Co-Director, GGU-Paris Nanterre Comparative Law Program, Golden Gate University School of Law • William Cohen, C. Wendell and Edith M. Carlsmith Professor, Emeritus, Stanford Law School • Jan C. Costello, Professor of Law, Loyola Law School, Loyola Marymount University • David B. Cruz, Professor of Law, University of Southern California Gould School of Law • Mary L. Dudziak, Judge Edward J. and Ruey L. Guirado Professor of Law, History and Political Science, University of Southern California Law School • David L. Faigman, John F. Digardi Distinguished Professor of Law, University of California, Hastings College of the Law • Deborah L. Forman, Professor of Law, J. Allan Cook & Mary Schalling Cook Children’s Law Scholar, Whittier Law School • Philip Frickey, Alexander F. and May T. Morrison Professor of Law, UC Berkeley School of Law • Thomas C. Grey, Nelson Bowman Sweitzer and Marie B. Sweitzer Professor of Law, Emeritus, Stanford Law School • Pratheepan Gulasekaram, Assistant Professor, Santa Clara University School of Law • Elizabeth L. Hillman, Professor of Law, University of California Hastings College of Law • Joan Heifetz Hollinger, Professor and Lecturer-in-Residence in Family Law, University of California, Berkeley • Marina Hsieh, Assistant Dean for Academic & Professional Development, Santa Clara University Law School • Leslie Gielow Jacobs, Director, Capital Center for Government Law & Policy and Professor of Law, Pacific McGeorge School of Law • Courtney G. Joslin, Acting Professor of Law, UC Davis School of Law, King Hall • Pamela S. Karlan, Kenneth and Harle Montgomery Professor of Public Interest Law, Stanford Law School • Kenneth L. Karst, David G. Price and Dallas P. Price Professor of Law Emeritus, UCLA School of Law • Herma Hill Kay, Barbara Nachtrieb Armstrong Professor of Law, University of California, Berkeley • Ellen S. Kreitzberg, Professor of Law, Santa Clara University School of Law • Brian K. Landsberg, Distinguished Professor and Scholar, Pacific McGeorge School of Law • Carlton F.W. Larson, Acting Professor of Law, UC Davis School of Law • Lawrence Lessig, C. Wendell and Edith M. Carlsmith Professor of Law, Stanford Law School • Lawrence C. Levine, Professor of Law, Pacific McGeorge School of Law • Goodwin Liu, Associate Dean and Professor of Law, UC Berkeley School of Law • Jean C. Love, John A. and Elizabeth H. Sutro Professor of Law, Santa Clara University School of Law • Maya Manian, Associate Professor, University of San Francisco School of Law • Lawrence C. Marshall, Associate Dean for Public Service and Clinical Education & David & Stephanie Mills Director of Clinical Education, Stanford Law School • Jenny S. Martinez, Associate Professor of Law and Justin M. Roach, Jr. Faculty Scholar, Stanford Law School • John E.B. Myers, Distinguished Professor and Scholar, University of the Pacific, McGeorge School of Law • Julie Nice, Visiting Professor of Law, University of San Francisco School of Law • Deborah L. Rhode, McFarland Professor of Law, Stanford Law School • Camille Gear Rich, Assistant Professor of Law, USC Gould School of Law • Margaret M. Russell, Professor, Santa Clara University School of Law • Jane S. Schacter, William Nelson Cromwell Professor of Law, Stanford Law School • Darien Shanske, Associate Professor, University of California Hastings College of the Law • John Cary Sims, Professor of Law, Pacific McGeorge School of Law • Edward Steinman, Professor of Law, Santa Clara University School of Law • Kathleen M. Sullivan, Stanley Morrison Professor of Law and Former Dean, Stanford Law School • Jonathan D. Varat, Professor of Law, University of California, Los Angeles School of Law • Michael S. Wald, Jackson Eli Reynolds Professor of Law, Emeritus, Stanford Law School • Kelly Weisberg, Professor of Law, University of California, Hastings College of the Law • Lois A. Weithorn, Professor of Law, University of California, Hastings College of the Law • Stephanie M. Wildman, Professor of Law and Director, Center for Social Justice and Public Service, Santa Clara University School of Law • Michael Zamperini, Professor of Law, Golden Gate University School of Law

Titles and institutional affiliations are included
only for purposes of identification

Posted by: Sapphocrat

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