"Andrew Pugno, general counsel for the Proposition 8 Legal Defense Fund, said such a scenario would affect “any other issue decided by initiative, as well as the integrity of the initiative process itself.”
Rick Hasen, an elections law specialist and visiting professor at the University of California Irvine School of Law, cautioned against making sweeping conclusions based on the “atypical” nature of the Proposition 8 case. But he said it does raise an important point.
“One of the underlying reasons for the initiative process is to allow voters to bypass the Legislature when the state Legislature is not willing to do what a majority of people want,” Hasen said. “It seems to undermine the initiative process to not give the official proponents the opportunity to defend the law when the state decides it doesn’t want to do so.”"
Prop. 8 legal battle has implications for all ballot measures
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