California Supreme Court Grants Review in Prop 8 Legal Challenges

Court to Determine Constitutionality of Prop 8
Via:









Today the California Supreme Court granted review in the legal challenges to Proposition 8, which passed by a narrow margin of 52 percent on November 4. In an order issued today, the Court agreed to hear the case and set an expedited briefing schedule. The Court also denied an immediate stay.

On November 5, 2008, the National Center for Lesbian Rights, the American Civil Liberties Union, and Lambda Legal filed a lawsuit challenging the validity of Proposition 8 in the California Supreme Court on behalf of six couples and Equality California. The City of San Francisco , joined by the City of Los Angeles , the County of Los Angeles , and Santa Clara County , filed a similar challenge, as did a private attorney in Los Angeles .



The lawsuits allege that, on its face, Proposition 8 is an improper revision rather than an amendment of the California Constitution because, in its very title, which was “Eliminates the right to marry for same-sex couples,” the initiative eliminated an existing right only for a targeted minority.

If permitted to stand, Proposition 8 would be the first time an initiative has successfully been used to change the California Constitution to take way an existing right only for a particular group. Such a change would defeat the very purpose of a constitution and fundamentally alter the role of the courts in protecting minority rights.

According to the California Constitution, such a serious revision of our state Constitution cannot be enacted through a simple majority vote, but must first be approved by two-thirds of the Legislature.

Since the three lawsuits submitted on November 5, three other lawsuits challenging Proposition 8 have been filed. In a petition filed on November 14, 2008, leading African American, Latino, and Asian American groups argued that Proposition 8 threatens the equal protection rights of all Californians.

On November 17, 2008, the California Council of Churches and other religious leaders and faith organizations representing millions of members statewide, also filed a petition asserting that Proposition 8 poses a severe threat to the guarantee of equal protection for all, and was not enacted through the constitutionally required process for such a dramatic change to the California Constitution. On the same day, prominent California women’s rights organizations filed a petition asking the Court to invalidate Proposition 8 because of its potentially disastrous implications for women and other groups that face discrimination.

In May of 2008, the California Supreme Court held that barring same-sex couples from marriage violates the equal protection clause of the California Constitution and violates the fundamental right to marry. Proposition 8 would completely eliminate the right to marry only for same-sex couples. No other initiative has ever successfully changed the California Constitution to take away a right only from a targeted minority group.

Over the past 100 years, the California Supreme Court has heard nine cases challenging either legislative enactments or initiatives as invalid revisions of the California Constitution. In three of those cases, the Court invalidated those measures.

For more information on this case>>

RELATED: via Lambda Legal

BREAKING NEWS: The California Supreme Court just announced that it will review the Prop 8 challenge brought by Lambda Legal, NCLR, ACLU and others. This is exciting news!

The California Supreme Court has just ruled in favor of marriage equality for same-sex couples, a decision with huge national impact!

Statement of Garden State Equality chair Steven Goldstein, on the decision's impact on other states, including New Jersey:

"Today the California Supreme Court produced an earthquake for equality. From the Redwood Forest to the Gulfstream Waters to our own Jersey Shore, millions of Americans now rise in jubilation over today’s historic advancement for freedom.

California is so big and so impactful on the rest of the nation, what happens in California won’t stay in California, and that’s great for equality. The California decision will have a particular impact on New Jersey, where we are closer than ever to becoming the first state in American history to enact marriage equality through legislation.

Today, California becomes America’s freeway to equality. Next, New Jersey will be America’s turnpike to equality. So full speed ahead! Our dream is in sight.

All of us at Garden State Equality salute our incredible colleagues at Equality California and at the legal organizations which made today's historic decision possible: The National Center for Lesbian Rights, the American Civil Liberties Union, Lambda Legal, Heller Ehrman and the Law Office of David C. Codell."

Since Garden State Equality’s founding in 2004, New Jersey has enacted 200 LGBT civil rights laws at the state, county and local levels – more LGBT civil rights laws enacted in less time than in any other U.S. state, ever. Visit Garden State Equality's two websites at www.GardenStateEquality.org and www.CivilUnionsDontWork.com