Calif. lawmakers voice support for gay marriage

via 365 Gay: News

By 365gay Newscenter Staff

(Sacramento, California) A resolution has been introduced in both the California Assembly and Senate to reaffirm support for same-sex marriage.

The measure is non-binding, but the symbolism in the wake of Proposition 8 is significant, LGBT rights leaders say.

California voters last month agreed to void the state Supreme Court ruling legalizing same-sex marriage. The legality of the vote, however, is back in the hands of the court, which will hear arguments in the case early next year.

State Sen. Mark Leno (D-San Francisco), the first openly gay man elected to the California Senate, and State Assemblyman Tom Ammiano ( D-San Francisco) introduced concurrent resolutions that back up the legal arguments of Prop 8 opponents.

“While a proposed amendment to the California Constitution can be accomplished through the initiative process,” the resolution reads, “A proposed revision of the California Constitution must originate in the Legislature and must be approved by a two-thirds vote of each house of the Legislature before being submitted to the electors.”

Proposition 8 passed with a slim 52 percent majority. Following the election three challenges to the vote were filed by LGBT rights groups.

All three cases claim the measure abridges the civil rights of a vulnerable minority group. They argue that voters alone did not have the authority to enact such a significant constitutional change.

The justices said in addition to hearing arguments on the validity of the vote, it wants to address what effect, if any, a ruling upholding the...

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!