11/06/2008

And now the fight is on...

California's constitutional gay marriage ban, Proposition 8, was poised to pass as of Wednesday afternoon. As votes were still being counted, however, the California Supreme Court had already been petitioned to hear a legal challenge to the initiative.

The American Civil Liberties Union, Lambda Legal and the National Center for Lesbian Rights, filed the suit Wednesday on behalf of Equality California and six unmarried and possibly deprived same-sex couples. The plaintiffs urge the court to invalidate Proposition 8 on the grounds that the initiative process itself violated California's Constitution in aiming to prevent the judiciary from its duty to uphold equal protections for a minority: gays and lesbians. Any measure that changes the underlying principles of the Constitution, the plaintiffs charge, must first be approved by the state legislature before reaching a voter's ballot.

"A major purpose of the constitution is to protect minorities from majorities," said ACLU of Northern California staff attorney Elizabeth Gill.

4 comments:

Anita said...

My big question is how can they have already stopped issuing same sex marriage licenses? Isn't the law still valid until the ballots are certified? If they stopped issuing the licenses, but still issue licenses to heterosexual couples, isn't that a violation?

momtothreeboys said...

I'm not sure Anita - I think the "Yes on 8" called it and the county offices followed, but until every last vote is counted (there are still about 3 to 4 million votes to be counted) the "No on 8" won't call it. I would think it's still a violation to not issue the license since it hasn't been "written into the constitution" yet but then again, that's why I'm a social worker and not a lawyer. Believe me, the "No on 8" side is still working hard to overturn it.

suburban dyke said...

Yes, minorities should be protected. I am thinking the following:

Let’s fight back on Proposition 8. Let’s have quick boycott California wines, produce and travel. Let’s publicize it. Let’s embarrass them. It worked a few years ago in Colorado. What do say?

suburban dyke said...

Better:

We should try to fight Proposition 8 which takes away rights already granted.
Please consider a boycott of Sundance, Utah and Mormons
http://www.americablog.com/2008/11/why-is-sundance-film-festival-taking.html
or donating money to the Northern California ACLU
http://www.aclunc.org/ .
I am not affiliated with either. I am just trying to make a difference. Thanks.