David Viviano | |
---|---|
Associate Justice of the Michigan Supreme Court | |
Assumed office February 27, 2013 | |
Appointed by | Rick Snyder |
Preceded by | Diane Hathaway |
Personal details | |
Born | David Francis Viviano December 8,1971 |
Political party | Republican |
Education | Hillsdale College (BA) University of Michigan (JD) |
David Francis Viviano [1] (born December 8,1971) is a justice of the Michigan Supreme Court,appointed by Governor Rick Snyder on February 28,2013,to fill the vacancy created by the resignation of Justice Diane Hathaway. [2] Prior to his appointment to the Michigan Supreme Court,Justice Viviano was the Chief Judge of the Macomb County Circuit Court.
Viviano defeated Deborah Thomas and Kerry L. Morgan in the general election on November 4,2014,receiving 62.1 percent of the vote.
Justice Viviano earned a bachelor's degree from Hillsdale College and his J.D degree from the University of Michigan Law School. [3]
In 2022,Viviano,joined by Justice Brian Zahra, [4] dissented from a decision of the Michigan Supreme Court ordering the Board of State Canvassers to allow a ballot proposition that would amend the Michigan Constitution to provide for a right to abortion before viability with limitations afterward. Viviano claimed that the proposed amendment did not comply with Michigan's "full text" requirement for ballot propositions because,while the full text may have been present,the text used different "spaces" than those found in the Michigan Constitution. Although 753,759 Michigan voters had signed the initiative, [4] Viviano wrote,"[t]he failure to include the spaces presents the amendment in a manner difficult to read and comprehend. Thus,it may have the right words in the right order—as the majority here suggests—but the lack of critical word spaces renders the remaining text much more difficult to read and comprehend,and therefore something less than the 'full text' required by the Constitution and statutes." [5] [6]
Proposition 209 is a California ballot proposition which,upon approval in November 1996,amended the state constitution to prohibit state governmental institutions from considering race,sex,or ethnicity,specifically in the areas of public employment,public contracting,and public education. Modeled on the Civil Rights Act of 1964,the California Civil Rights Initiative was authored by two California academics,Glynn Custred and Tom Wood. It was the first electoral test of affirmative action policies in North America. It passed with 55% in favor to 45% opposed,thereby banning affirmative action in the state's public sector.
Same-sex marriage has been legal in California since June 28,2013. The State of California first issued marriage licenses to same-sex couples from June 16,2008 to November 5,2008,a period of approximately 4 months and 20 days,as a result of the Supreme Court of California finding in the case of In re Marriage Cases that barring same-sex couples from marriage violated the Constitution of California. The issuance of such licenses was halted from November 5,2008 through June 27,2013 due to the passage of Proposition 8—a state constitutional amendment barring same-sex marriages. The granting of same-sex marriages recommenced following the U.S. Supreme Court's decision in Hollingsworth v. Perry,which restored the effect of a federal district court ruling that overturned Proposition 8 as unconstitutional.
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The Michigan Civil Rights Initiative (MCRI),or Proposal 2,was a ballot initiative in the U.S. state of Michigan that passed into Michigan Constitutional law by a 58% to 42% margin on November 7,2006,according to results officially certified by the Michigan Secretary of State. By Michigan law,the Proposal became law on December 22,2006. MCRI was a citizen initiative aimed at banning consideration of race,color,sex,or religion in admission to colleges,jobs,and other publicly funded institutions –effectively prohibiting some affirmative action by public institutions based on those factors. The Proposal's constitutionality was challenged in federal court,but its constitutionality was ultimately upheld by the Supreme Court of the United States.
Ballot Measure 2 of 1998 is a ballot measure,since ruled unconstitutional,that added an amendment to the Alaska Constitution that prohibited the recognition of same-sex marriage in Alaska. The Ballot measure was sparked by the lawsuit filed by Jay Brause and Gene Dugan,after the two men were denied a marriage license by the Alaska Bureau of Vital Statistics. In Brause v. Bureau of Vital Statistics, 1998 WL 88743,the Alaska Superior Court ruled that the state needed compelling reason to deny marriage licenses to same-sex couples and ordered a trial on the question. In response,the Alaska Legislature immediately proposed and passed Resolution 42,which became what is now known as Ballot Measure 2. Ballot Measure 2 passed via public referendum on November 3,1998,with 68% of voters supporting and 32% opposing. The Bause case was dismissed following the passage of the ballot measure.
Proposition 8,known informally as Prop 8,was a California ballot proposition and a state constitutional amendment intended to ban same-sex marriage;it passed in the November 2008 California state elections and was later overturned in court. The proposition was created by opponents of same-sex marriage in advance of the California Supreme Court's May 2008 appeal ruling,In re Marriage Cases,which followed the short-lived 2004 same-sex weddings controversy and found the previous ban on same-sex marriage unconstitutional. Proposition 8 was ultimately ruled unconstitutional by a federal court in 2010,although the court decision did not go into effect until June 26,2013,following the conclusion of proponents' appeals.
Same-sex marriage has been legal in Michigan since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26,2015. The U.S. state of Michigan had previously banned the recognition of same-sex unions in any form after a popular vote added an amendment to the Constitution of Michigan in 2004. A statute enacted in 1996 also banned both the licensing of same-sex marriages and the recognition of same-sex marriages from other jurisdictions.
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Brian K. Zahra is a justice of the Michigan Supreme Court. He was appointed to fill a vacancy by Governor Rick Snyder in 2011. Zahra won his bid for reelection in 2022 to retain his seat for eight more years,per the Michigan Constitution.
Elizabeth Ann "Beth" Tripp Clement is an American lawyer who serves as the chief justice of Michigan since 2022. She has served as an associate justice of the Michigan Supreme Court since 2017,after being appointed by Governor Rick Snyder.
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The 2022 Kansas abortion referendum was a rejected legislatively referred constitutional amendment to the Kansas Constitution that appeared on the ballot on August 2,2022,alongside primary elections for statewide offices,with early voting from July 13. If enacted,the amendment would have declared that the Kansas Constitution does not guarantee a right to abortion,giving the Kansas state government power to prosecute individuals involved in abortions,and further declared that the Kansas government is not required to fund abortions.
Proposition 1,titled Constitutional Right to Reproductive Freedom and initially known as Senate Constitutional Amendment 10 (SCA 10),was a California ballot proposition and state constitutional amendment that was voted on in the 2022 general election on November 8. Passing with more than two-thirds of the vote,the proposition amended the Constitution of California to explicitly grant the right to an abortion and contraceptives,making California among the first states in the nation to codify the right. The decision to propose the codification of abortion rights in the state constitution was precipitated in May 2022 by Politico's publishing of a leaked draft opinion showing the United States Supreme Court overturning Roe v. Wade and Planned Parenthood v. Casey in Dobbs v. Jackson Women's Health Organization. The decision reversed judicial precedent that previously held that the United States Constitution protected the right to an abortion.
Reproductive Freedom for All v. Board of State Canvassers was a 2022 decision by the Michigan Supreme Court overturning a decision by the Michigan Board of State Canvassers that had refused to certify a ballot petition,2022 Michigan Proposal 3,concerning abortion rights. In a 5–2 decision,the Court granted a complaint for mandamus relief and ordered the Board to certify the petition and ordered the Michigan Secretary of State to include the ballot proposition on the Fall 2022 ballot.
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