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Californians appear ready next Tuesday to pass Proposition 22, the “Knight Initiative,” which would amend California’s Family Code to declare that “only marriage between a man and a woman is valid or recognized in California.” Proposed in response to a court decision in Hawaii which found that persons could not constitutionally be denied the right to marry same-sex partners, the Knight Initiative aims to ensure that such marriages are not automatically recognized in California even if they become legal elsewhere.

Opponents of the measure will no doubt bring a court challenge if Prop 22 passes. And assuming they can survive standing and ripeness problems, the challengers will succeed. The Knight Initiative is unconstitutional.

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