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!

Prominent Los Angeles Family Law Firm Offers Top Ten Check List for Same-Sex Couples Marrying in California

LOS ANGELES, July 23, 2008 /PRNewswire via COMTEX/ --

Partners Scott N. Weston and Robert J. Nachshin of Nachshin & Weston, a prominent family law firm in West Los Angeles that represents celebrities, business professionals and homemakers, suggest that in view of the In re Marriage Cases -- the California Supreme Court case that overturned the state's ban on same-sex marriage -- that such couples pay close attention to all their financial and legal needs before they tie the knot. As such, they offer the following "Top Ten" to do list:

San Diego Hyatt Hotel Owner Donated $125,000 to Stop Gay Marriage

via LAist

It has just been revealed that the owner of the Manchester Grand Hyatt has, reportedly, made a substantial contribution to Prop 8 backers in California to support the effort to amend the state's constitution to specifically ban same-sex marriage.

Now certainly the man is allowed to support any effort he desires. Equally certain, despite his statement that gays and lesbians are welcome to his hotels and restaurants, is the likelihood that GLBTI guests will now seek out other digs?

It is policy that savvyplanners.com screens its vendors to assure genuine welcome and care. Currently our Master Vendor List features 629, hand-selected and evaluated companies to serve our clients.

We're having a bit of a challenge reconciling a hotelier's support of an anti-gay marriage effort with a, parallel, welcome to GLBTI guests to spend GLBTI dollars at this property.

Reader questions and answers on gay marriage (California)

By Rong-Gong Lin II, Los Angeles Times Staff Writers

With gay marriage set to begin in California on Monday, The Times is answering readers' questions on the subject. You can submit questions at ron.lin@latimes.com. Check out full coverage of the debate about the gay marriage issue at latimes.com/gaymarriage.
Also available: The Times' gay marriage page on Facebook.

Here is a sampling of questions:
What will civil marriage commissioners say when giving the wedding vows? Here's the wording recommendation from the County Clerks Assn. of California: "By virtue of the authority vested in me, as a Deputy Commissioner of Marriages for the County of XXX, I now pronounce this couple united in marriage under the laws of the state of California.

"My partner and I had a civil union in Vermont. Can we get married in California now?Yes. If you are unmarried, you may get married in California.

Where can I apply for a marriage license?Both would-be spouses must appear in person at a county clerk's office with photo identification and cash, check, or money order to pay for the license fees and, if desired, a ceremony.

Here's the process for counties in Southern California:

Los Angeles County: No appointment is needed to apply for a marriage license. Wedding ceremonies at the county clerk's office in Norwalk are on a first come, first served basis only on Tuesday and June 21; appointments are required at all other times and locations. It costs $70 for the license and $25 for the ceremony. Starting on Monday at 5 p.m., applicants can begin to fill out the application online, but must come into a clerk's office to receive the license.

Orange County: Appointments are accepted but not required. The license costs $61.50, and the ceremony $28; debit cards are also accepted. Those who start their application online before arriving at the clerk's office are given priority.

Ventura County: Appointments recommended but walk-ins are allowed. The license costs $97, the ceremony $45, and the certificate, once the wedding is completed, is $13. You may start the marriage application here and go to the right-hand corner, and click on the "marriage application" tab.

(Continue for other counties)

ron.lin@latimes.com

maura.dolan@latimes.com

Times staff writer Jean-Paul Renaud contributed to this report.

Group asks Calif. court to ban gay marriage

3 hours ago

SAN FRANCISCO (AP) — A conservative Christian legal group on Thursday made a last-ditch effort to stop gay marriage from becoming legal in California by asking a midlevel appeals court to temporarily prohibit county clerks from issuing marriage licenses to same-sex couples.

The Virginia-based Liberty Counsel, in a petition with the 1st District Court of Appeal in San Francisco, argued that the wording of the California Supreme Court ruling legalizing gay marriages allows the lower court to set the terms and schedule for implementing the decision.
Liberty Counsel argued that the high court's May 15 ruling put dozens of state laws addressing marriage into conflict and that the Legislature needs time to address those issues.

Barring any further legal intervention, gay couples will be able to start marrying in California at 5:01 p.m. Monday, when the Supreme Court's decision becomes final. The ruling to legalize gay marriage overturned a decision by the Court of Appeal, which is therefore required to issue an order consistent with the high court's 4-3 opinion.

San Francisco City Attorney Dennis Herrera called Liberty Counsel's filing "absurd."
"I am not aware of a process in American law that enables parties to effectively appeal a higher court ruling to a lower court," Herrera said.

His 'n' his, hers 'n' hers -- state gears up for same-sex marriages

L.A. Now
Southern California -- this just in
LA Times Blog
by Veronique de Turenne & Jesus Sanchez
June 12, 2008

Tuesday's the big day, when same-sex couples can legally wed in California. But not so fast -- procedures vary depending on where you live, with some counties (the O.C.) granting appointments to get a license, while others (Kern and possibly Butte) are suspending marriage ceremonies altogether. Jean-Paul Renaud has the details:

The first, busy days that same-sex couples will be allowed to wed in California promise to be chaotic and confusing, as counties throughout the state are coming up with widely varying procedures for implementing the (state) Supreme Court's order lifting the ban on gay marriage.

(continue at source for all the details)

NOT A CALIFORNIAN???

FROM OUR FRIENDS AT:

Q: I don’t live in California, but I heard what the court did there and I'm thinking about traveling to get married there because I can’t get married in my state. Anything I should consider first?

A: Getting legally married can be a joyous event, but because of the unequal treatment of our relationships in most states, there are ramifications to consider. First, we strongly recommend that you consider whether getting married might create serious problems for you.

Take a look at Lambda Legal’s FAQ Traveling to Another State or Country to Marry? In it, we give background on problems if you or your partner is in the military, on an immigration visa, receiving public assistance or planning to adopt a child. We also review other considerations, like what you’ll face upon returning to your home state.

If you’re married, you’ll have to declare it truthfully on applications and forms for jobs, apartments, credit, mortgages, insurance, medical treatment and perhaps state or federal tax returns.

"And we urge you not to get married with the idea that you’ll fight any resulting discrimination with a lawsuit. A premature legal battle could hurt us all rather than help. Also, our opponents are working to change California’s constitution in response to the court’s decision. If they manage to succeed, some may try to use the constitutional change to say that your marriage is invalid."

Visit Lambda Legal’s marriage-specific resources, including the Protecting Same-Sex Relationships resource page and FAQ above, which specifically discusses the pros and cons of getting married in another state or country.

Gay couples can get marriage licenses at 5:01 p.m. June 16

By Linda Goldston
Mercury News

It's official: Some gay marriage licenses in California will be issued at 5:01 p.m. on June 16 and not a day later, as originally thought. But not in Santa Clara County.

"It's a little difficult when you have to undo everything," said Regina Alcomendras, Santa Clara County Clerk-Recorder. "We'll stick with the plan we have."

Alcomendras said her office will open at 8:30 a.m. June 17 and urged couples planning to take out licenses to make appointments if they plan to marry that day as well.

"We'll take walk-ins but when there are no available rooms for the ceremony, they'll have to wait," she said.

The California Supreme Court's June 4th order legalizing same sex marriage becomes final at 5 p.m. June 16. Clerks and city and county officials had believed licenses could not be issued until the following morning.

But in a clarification notice on Thursday, the California Department of Public Health's Office of Vital Records told county clerks and recorders they could begin using the new state marriage license forms at 5:01 p.m. June 16. The new forms designate "Party A" and "Party B" instead of "bride" and "groom."

'If the courts take additional action, we will provide further guidance to the counties as needed,' the notice stated. But, the notice said, county clerk's offices are not required to stay open beyond normal business hours. Alcomendras said her office has been training for the upcoming nuptials. She said she has deputies who will be able to perform the civil wedding ceremonies.

San Francisco officials said Thursday they will keep their clerk's office open and begin issuing licenses at 5:01 p.m. June 16. Mayor Gavin Newsom had been pressing the state to allow San Francisco to issue their first same-sex licenses at 5:01 p.m. June 16.

Information and Documents Regarding California Marriage Licenses (State of California)

Sample License and Certificate of Marriage and instructions

California Same-sex marriage FAQ

-Mary Anne Ostrom, Mercury News


Here are some frequently asked questions about same-sex marriages, which are scheduled to begin in California later this month.

Click here to go to them!

MORE: California Marriage License, Registration and Ceremony Information

Gay couples can set the date

By Howard Mintz and Mary Anne Ostrom Mercury News


The wait is over for everyone from wedding planners to local clerks - and thousands of gay and lesbian couples across California.

The California Supreme Court on Wednesday removed any lingering legal doubts about whether same-sex couples can marry in California beginning June 17, setting the stage for a rush of gay nuptials that morning.

Kristin and Jean Rivers, who'd planned to marry at a San Jose church June 18, have been wondering for weeks whether the court would spoil their big day.

"I've been riding a roller coaster," said Kristin Rivers, a schoolteacher. "Two weeks before I'm supposed to get married, I find out I can get married. On one hand, I'm totally relieved. On the other hand, I'm kind of freaking out."