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Loading ...Calif. legislature on way to condemning Prop 8
02.18.2009 3:31pm EST
(Sacramento, California) Two weeks before the California Supreme Court will hear a challenge to Proposition 8, the legislature is moving to condemn the voter- approved measure which bans same-sex marriage in the state.
The Assembly Judiciary Committee voted 7-3 to put the legislature on record as opposing Prop 8. The resolution goes next to the full Assembly.The vote came as about 1000 members of the state’s LGBT communities converged on the legislature to lobby lawmakers.
The group ignored heavy rain, but many members of the Senate were unavailable – tied up in meetings trying to resolve California’s financial crisis. Nevertheless, the gay volunteers pressed on, buttonholing lawmakers to press the case that Prop 8 enshrined discrimination in the state Constitution.
Voters approved Prop 8 in November with a slim 52 percent majority.
The American Civil Liberties Union, Lambda Legal and the National Center for Lesbian Rights filed lawsuits challenging the constitutionality of the vote. They were joined by additional suits by the cities of San Francisco and Los Angeles.
The Supreme Court will hear oral arguments in the case on March 5.
The lawsuits charge 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.
They also say that Proposition 8 improperly attempts to prevent the courts from exercising their essential constitutional role of protecting the equal protection rights of minorities. The suits say that under 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 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, the groups said in a written brief to the court.
Through the initiative process, voters can make relatively small changes to the constitution. But 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 petitioners said.
California Attorney General Jerry Brown is also asking the Court to invalidate Proposition 8 on the ground that certain fundamental rights, including the right to marry, are inalienable and can not be put up for a popular vote.
In a brief submitted to the court, Brown’s office said the measure should be invalidated because it deprives people of the right to marry—an aspect of liberty that the Supreme Court has concluded is guaranteed by the California Constitution.
On the other side, Protect Marriage Coalition, the umbrella group that put Prop 8 on the ballot, argues in its brief to the court that the will of the people must be respected by the court and that the measure also invalidated those marriages performed prior to the vote.
The coalition has hired Ken Starr, who led the inquiry into President Bill Clinton’s affair with Monica L. Lewinsky, to argue its case before the high court.
The Supreme Court justices will have to determine three main issues: Is Prop 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution; Does it violate the separation of powers doctrine under the California Constitution; and if it is legal what is the status of the 18,000 marriages that were performed last year.
After the court hears the legal arguments, it will be several months before a decision is issued.
My response to the Prop 8 group is that I introduce my wife as “my Partner” now, even though we are married for over 41 years.
I will not be “married” in everyday talk, until gay people can also be married.
I am thrilled that my daughters wedding back in 1998 was purely a civil wedding. And interesting how it was on the 30 year anniversary of when laws against inter-racial marriage were repealed nationally. Her husbnd, by the way, is not white.
I also completely agree with the comments made by Scott!!!
You guys are correct…it is religion. Without religion this initiative would have had no funding, no grass roots, no organization and no mobilization of unrational fear to get it to pass.
Tony Perkins just visited Maine and the things he said were simply laughable by anyone using their brain. Any thinking person knows my marriage doesn’t affect my neighbors marriage.
He said things like we have to stop the demorilization of society, as if by stopping marriage equality, we are all going to live by his warped moral code! He said this is the last front, if we lost this the fight for AMERICA is over! Only dumbed down useless brains would believe that religious conservatism is saving, not ruining, this country.
300+ million uneducated stupid people are ruining this country and taliban style religion is aiding that dumbing down.
55% of Americans don’t even believe in evolution! They believe in fairy tales over a significantly tested theory. They are too dumb to realize what the word theory means in scientific context and they actually think their imaginary friend is coming back to save them from death (unless they have gay sex of course).
If we end religion most of our country’s problems will go away. That is the central fight. Homo Sapien is just too intellectually advanced to let religion destroy our race.
“religion is the opiate of the masses”
lets get the war on drugs started up right this time
Thank you Scott for saying exactly what I feel too.
Everett, Only the Court could have invalidated the initiative measure before November. They were asked to do so, but declined.
The FULL legislature has twice passed a law authorizing EQUAL MARRIAGE RIGHTs, the Governor refused to sign them.
I actually think it is better this way because that was before the court said last May that it is truly a Civil Right under Article 1 Section 1. …
And I think the court will decide the same way again.
Let all hope that the Ca Supreme Court does the fair thing. I was sickened by the adds run by Yes on H8. They lied and played on peoples fears of what might be taught to kids. Then enough ignorant people were willing to believe the lies rather than actually read a newspaper. The adds ran by No on 8 were all to polite and rational and also too safe not showing the actual people that this hateful law hurts.
What makes me maddest of all is that these people hire Ken Star to invalidate peoples marriages, My Marriage. When do we get to vote on Ken Star’s marriage.
Tom in Long Beach
I am just SO sick of all of this. I have completely lost faith in the people of this “great” nation. Religious freedom…unless your religion is different than mine. Seperation of church and state…unless it’s the christian church. This piece of bigot trash known as prop 8 was not the will of THE people. It was the will of a slim majority of people. The will of the ignorant and fundamentalist christian. Where is the government? Where is the protection of the minority from the whims of the majority? WE let them write prejudice into our constitution!!! I am utterly disgusted. Humanity is a vile creation when the weak-minded are poisoned by religious zealots, and there are so many weak-minded among us. I can’t express my grief at all of this. I am truly ashamed of this state’s and this nation’s stance on freedom.
this was a good summary of the legal arguments but doesn’t describe the split within the community, where some want to put up another marriage initiative to repeal prop 8, while others are waiting for the court decision. still others point out that it’s too soon & we’ve lots of organizing & outreaching to do before winning a proposition. we’ve quite a problem with badly-educated people who live in the interior. prop 8 lost big in all the coastal counties except san diego. lots of church mischief down there.
Hmmm..does anyone know why the CA legislature didn’t actually condemn Prop. 8 BEFORE the Nov 2008 election??? If they could have, that might have swayed some people to think twice before casting a ‘yes’ vote.
Behind every good man, is a good woman. In our situation, behind every good group of men,is a good group of women. Let me tell you what i have heard through the grapevine. I understand what it means. The guyz are not organized within this movement! Sad but true guys. The women, on the other hand are way more organized. You can see it. I urge the guys to watch and learn from the women. The end result might just impress you. It’s very quiet in the State of Mississippi. Their politicians,( judges,Mayors,Police Chiefs,attornies) all have their dirty secrets being exposed. The worst is yet to come in my opinion. I am encouraged with all the different states moving forward in the right direction. What cha think is goin’ on in Mississippi right about now? It’s pretty quiet here. Do you know that their phrase for the day is “No Judicial Review” It is comming back to haunt them.