Litigation

Civil Liberties Groups Argue Against Proposition 8

By Lissette Villarruel

Two American Constitution Society blogs engage in the ongoing controversy over California?s Proposition 8, the recently enacted anti-gay marriage law, and the lead case challenging it, Strauss v. Horton.

According to the American Constitution Society, the California Supreme Court, which ruled last year that gay men and lesbians can marry, is considering whether Proposition 8, which amends California’s constitution, is legally valid. Civil liberties groups have submitted amicus briefs urging the court to strike the measure down.

In a guest blog, Liz Seaton, director of projects and managing attorney for National Center for Lesbian Rights, outlined the challenges being brought against Proposition 8: ?These briefs argue, among other things, that Proposition 8 drastically alters the equal protection guarantee in California?s Constitution, and that the rights of a minority cannot be eliminated by a simple majority vote.?

In addition, a brief submitted by California Attorney General Jerry Brown maintains that the right to marriage is fundamental and cannot be deprived without a compelling state interest.

Gay marriage has been a hot topic in California since before the passage of Proposition 8, when the California Supreme Court first overturned a state law eliminating same-sex marriages. The controversy led to video advertisements directly attacking California judges for intervening on the question. One video featured former House Speaker Newt Gingrich, who  assailed ?judicial tyranny,? and urged citizens to vote for Proposition 8

The California Supreme Court will hear oral arguments for Strauss on March 5.

To read more, and see the video advertisements, you can visit an earlier Gavel Grab post.

Full post as published by The Gavel on February 07, 2009 (boomark / email).