Mechanisms of Direct Democracy in the United States. The Case of Same-Sex Marriages under the Popular Vote in California

Abstract

The article mainly deals with mechanisms of direct democracy used under the state law of California. In the opening part, however, it explains the differences between the two main direct democracy devises: the initiative and referendum. It then provides overview of the basic rules of federal and state law on direct democracy pointing to the diff erences and lack of regulation on the direct democracy in the federal constitution. The article further follows with the introduction of the initiative and referendum legal grounds in California. To introduce the practical use of the direct democracy devices, the article uses the coverage of the Californian battle over the same-sex marriage under the propositions submitted to popular vote in this state together with the judicial decisions resulting from the battle. The article ends with the final say given by the United States Supreme Court in the problematic question of the legality of same-gender marriages and fi nal conclusions on the state of direct democracy in California.