Associate Dean Amar Comments on Prop. 8 in San Diego Union-Tribune

Associate Dean Vik Amar commented on the implications of Proposition 8, the November 4 ballot measure that would ban same-sex marriage in California, in a recent article in the San Diego Union-Tribune.  The article, "Law professors enter Prop. 8 fray on church's tax-exempt status," examines issues of whether churches could be forced to choose between performing services for same-sex couples or losing their tax-exempt status if Prop. 8 fails. 

The article notes that legal experts are adamant in maintaining that the state Supreme Court's May ruling legalizing same-sex marriage made it clear that the state and federal constitutions offer adequate protections for churches with regard to religious practices and solemnizing marriage, but that churches cannot discriminate when offering business services.  Associate Dean Amar makes the point that existing tax law already bars discrimination based on marital status or sexual orientation.

"If they were already prohibited from discriminatory behavior, they will still be prohibited" regardless of the outcome of the Nov. 4 ballot, said Amar.

Associate Dean Vik Amar is a national authority in the fields of constitutional law, civil procedure, criminal procedure, and remedies. His biweekly column for FindLaw.com, the leading provider of online legal information, centers on his expertise in constitutional law.