This case involves a challenge to California Proposition 8, a state constitutional amendment which defined “marriage” as between one man and one woman and was approved by a majority of voters in California. California’s government (led first by Governor Arnold Schwarzenegger and then by Governor Jerry Brown) refused to defend the amendment enacted directly by the people of California, and so the proponents of the amendment stepped in to defend it.
A ballot initiative was proposed in Oklahoma to amend the state constitution to define “person” as “any human being from the beginning of the biological development of that human being to natural death.” The proposal was challenged in state court, and the Supreme Court of Oklahoma blocked the proposed initiative from going forward to the voters on the ballot. In doing so, the state supreme court misused the Supreme Court’s decision in Planned Parenthood v. Casey to deprive the people of Oklahoma of a power reserved them by the Tenth Amendment. The proponents of the initiative filed a petition for writ of certiorari in the United States Supreme Court.
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