How Can One Judge Overturn the “Will of the People”?

A Talk with Prof. Margalynne Armstrong and NCLR’s Kate Kendell

Co-sponsored by: Rainbow Committee of the Santa Clara County Bar Association, Billy DeFrank LGBT Community Center, and Santa Clara University Law School Center for Social Justice and Public Service

In 2008, California voters approved Proposition 8 by a margin of 52% to 48%, amending their state Constitution to state that “only marriage between a man and a woman is valid or recognized in California.” In 2010, a federal judge struck down Proposition 8 as against the U.S. Constitution.

Have you wondered or heard others ask how a single judge can overturn the “will of the people,” or what the difference is between a state court and a federal court? In this community education event, NCLR's Kate Kendell and Prof Margalynee Armstrong will not only answer those questions, but also discuss a number of related issues that have featured prominently in the same-sex marriage cases. The panelists will address core principles of our system of constitutional democracy, such as checks and balances, separation of powers, protection of minorities from majority rule, the role of federal courts versus state courts, judicial independence, etc. – making these concepts spring to life through a lively discussion of their application in the marriage cases.

Co-presented by a law professor from Santa Clara University School of Law and the director of the National Center for Lesbian Rights, and moderated by a Jenn Protas, this community educational event will be an informal talk geared to an audience of non-lawyers, with a minimum of “legalese,” while still remaining interesting and informative to any lawyers who may wish to attend (and receive CLE credit for attending). The presentation will leave plenty of time at the end for a spirited Q&A session between the speakers and the audience. After the presentation, there will be light refreshments served and the opportunity to mingle with the speakers and other attendees.

This event is FREE for the general public and open to all who wish to attend. RSVP is required via email: Robert@RobertGreeleyLaw.com.

Attorneys may earn CLE credit for a $35 registration fee. To obtain credit, register in advance for the event with the SCCBA on line or by calling SCCBA staff at 408.975.2100.

Speakers:

Margalynne Armstrong
Professor Margalynne Armstrong (panelist) is on the faculty at Santa Clara Law School and serves as an Associate Director of the school’s Center for Social Justice and Public Service. She is well-published in the areas of housing, racial discrimination, comparative and constitutional law. Prior to joining the law faculty at Santa Clara, Armstrong practiced public employment law and served as a staff attorney with the Legal Aid Society of Alameda County. Professor Armstrong has served on the boards of several community organizations.

Kate Kendell
Kate Kendell leads the National Center for Lesbian Rights, a national legal organization committed to advancing the legal and human rights of lesbian, gay, bisexual, and transgender people and their families through litigation, public policy advocacy, and public education. Kate grew up Mormon in Utah and received her J.D. degree from the University of Utah College of Law. After working as a corporate attorney she pursued her real love—civil rights advocacy—and became the first staff attorney for the American Civil Liberties Union of Utah. She oversaw the legal department of ACLU of Utah and directly litigated many high-profile cases. In 1994 she accepted the position as Legal Director with NCLR, where she was responsible for strategy and vision for the legal program. In 1996 Kate was named as NCLR’s Executive Director, where she oversees coordination of litigation, litigation and policy strategy, and program initiatives.