California Supreme Court chief justice criticizes voter initiative process News
California Supreme Court chief justice criticizes voter initiative process

[JURIST] California Supreme Court [official website] Chief Justice Ronald George [official profile] on Saturday criticized [transcript] California's voter initiative process, which gives Californians the right to initiate or make new laws via the ballot box. In a speech to the American Academy of Arts & Sciences [professional association website], George said the process, which effectively allows voters to bypass the legislative process, has made the state government dysfunctional. In his comments on the initiative process, George said:

One Bar leader has observed: "California's current constitution rivals India's for being the longest and most convoluted in the world…. [W]ith the cumulative dross of past voter initiatives incorporated, [it] is a document that assures chaos." Initiatives have enshrined a myriad of provisions into California's constitutional charter, including a prohibition on the use of gill nets and a measure regulating the confinement of barnyard fowl in coops. This last constitutional amendment was enacted on the same 2008 ballot that amended the state Constitution to override the California Supreme Court's decision recognizing the right of same-sex couples to marry. Chickens gained valuable rights in California on the same day that gay men and lesbians lost them.

George also stressed the need for fundamental reforms to the voter initiative process in order to create function and accountability at the state government level.

George's references to the right of same-sex couples to marry relate to Proposition 8 [text, PDF; JURIST news archive], which amended the California Constitution [text] to prohibit same-sex marriage. In May, the California Supreme Court ruled [JURIST report] that constitutional challenges to Proposition 8 lacked merit and that the amendment stands as lawful. Proposition 8, approved by voters [JURIST report] last November, was a response to the California Supreme Court's decision last year striking down [JURIST report] a statutory ban on same-sex marriage as violating the equal protection and privacy provisions of the state constitution. The voter initiative became a focal point for gay rights, prompting donors from across the US and several foreign countries to contribute $83 million in total for both sides of the issue, setting US fundraising records [JURIST report].

THIS DAY @ LAW

Pope Urban II sparks First Crusade

Pope Urban II threw his support behind what would become the First Crusade on November 27, 1095 during the Council of Clairmont. The Pope urged the council's participants to render aid to the Byzantine Empire, which was being attacked by the Seljuks. Pope Urban called for a wide coalition of rich and poor to combat the threat, which eventually resulted in the conquest of much of the Muslim-controlled Levant by the Crusaders and the establishment of the Crusader States. Read Pope Urban's address.  

Catholic Code of Canon Law revised

On November 27, 1983, the revised Code of Canon Law of the Roman Catholic Church went into effect. Learn more about the history of Canon Law from Professor Kenneth Pennington of the Catholic University of America's Columbus School of Law.

Alfred Nobel creates Nobel Prize in his will

On November 27, 1895, Alfred Nobel signed his will, creating the Nobel Prize. Learn more about the history of the Nobel Prize and the Nobel Commission.