What is the test for determining the facial validity of a section of an ordinance that prohibits same-sex marriage?

California, United States of America


The following excerpt is from Mobilepark West Homeowners Assn. v. Escondido Mobilepark West, 35 Cal.App.4th 32, 41 Cal.Rptr.2d 393 (Cal. App. 1995):

Generally, the law to be considered and applied by the reviewing court is the law in effect at the time of its decision. (Gregory v. City of San [35 Cal.App.4th 40] Juan Capistrano, supra, 142 Cal.App.3d at p. 78, 191 Cal.Rptr. 47.) It is a judicial function to interpret the language of the ordinance, and this record is adequate for determining that legal issue. (Ibid.) To determine the facial validity of the challenged

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