Thursday, November 20, 2008

Top Court to Hear Prop 8 Challenge in California

The California Supreme Court announced on November 19, 2008 that it will review the Prop 8 challenge brought by Lambda Legal, NCLR, ACLU and others. This is exciting news!
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, Lambda Legal, the National Center for Lesbian Rights and the American Civil Liberties Union filed a lawsuit challenging the validity of Proposition 8 in the California Supreme Court on behalf of six individuals and Equality California. The City of San Francisco, joined by the City of Los Angeles and Santa Clara County, filed a similar challenge, as did a private attorney in Los Angeles.

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.

The LGBTQ Community has turned disappointment over the passage of Prop 8 and other antigay initiatives in Florida, Arizona and Arkansas into resolve.

Hat Tip: Lambda Legal

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