Constitutional Law

Calif. Couples Challenge Outcome On Prop. 8

California gay couples are going to court to challenge Proposition 8, arguing that it unconstitutionally alters the state constitution to ban gay marriage. Several lawsuits were lodged earlier this week after passage of Proposition 8, the ballot measure to place a ban on same-sex marriage in the California Constitution. The ballot measure was spurred by the California Supreme Court, which ruled earlier this year that gays have a constitutional right to marriage equality. The ballot measure was promoted largely by the Mormon church and socially conservative lobbying groups, such as James Dobson’s Focus on the Family. Kate Kendell, executive director of the National Center for Lesbian Rights (NCLR), said the vote approving Proposition 8 was “fundamentally unjust, unfair, and wrong.” Kendell’s group is one of several civil liberties groups that brought the legal actions challenging the anti-gay marriage ballot measure.  

The writ petition filed in the California Supreme Court by NCLR, the American Civil Liberties Union, Lambda Legal urges the court to validate Proposition 8 under California law. They summarize their arguments as follows: "The petition charges that Proposition 8 is invalid because the initiative process was improperly used in an attempt to undo the constitution's core commitment to equality for everyone by eliminating a fundamental right from just one group-lesbian and gay Californians. Proposition 8 also improperly attempts to prevent the courts from exercising their essential constitutional role of protecting the equal protection rights of minorities. According to the California Constitution, such radical changes to the organizing principles of state government cannot be made by simple majority vote through the initiative process, but instead must, at a minimum, go through the state legislature first.  The California Constitution itself sets out two ways to alter the document that sets the most basic rules about how state government works. Prop 8 passed through the initiative process. However, any measure that would change the underlying principles of the constitution must first be approved by the legislature before being submitted to the voters. That didn't happen with Proposition 8, and that's why it's invalid."

The groups' entire writ petition and brief can be viewed here. 

Full post as published by ACS Blog on November 07, 2008 (boomark / email).