A Rational Approach to California's Proposition 8

Jennifer Sirrine, Pepperdine University

Abstract

This comment focuses on California's Proposition 8 and the more searching rational basis test, arguing that the more searching rational basis test is distinct from the traditional level of review. It first analyzes the Supreme Court's precedent regarding the more searching rational basis test, then parses out when the test is applied, and the elements of the test itself. It then applies the more searching rational basis test to California's Proposition 8. Due to the fact the Supreme Court's jurisprudence regarding classifications involving homosexuals is convoluted at best, it further argues that the more searching rational basis test should be applied to classifications targeting homosexuals.