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Loading ...California bar associations join call to invalidate Prop 8
01.16.2009 2:11pm EST
(San Francisco, California) Forty bar associations and legal groups across the country – including the San Francisco and Los Angeles County Bar Associations – have called on the California Supreme Court to invalidate Proposition 8, the voter approved measure that bans same-sex marriage in the state.
The groups have filed a friend of the court brief saying the proposition violates the constitutional principles of equal protection and fundamental rights.“Proposition 8 would shatter existing principles of equal protection and fundamental rights, as well as the judicial branch’s role as final arbiter of these constitutional guarantees,” said Russell S. Roeca, President of the Bar Association of San Francisco in a statement.
“It constitutes a revision of the Constitution. As such, it may not be enacted by a simple majority of the voters.”
Los Angeles County Bar Association President Danette Meyers said that the question of whether a protected class may be barred from enjoying a fundamental right based on a bare majority vote is a matter of statewide importance.
“The implications of the question are wide-reaching; if the majority can relegate disfavored minorities to second class citizenship via the initiative process, no fundamental rights are safe,” said Meyers.
The brief to the high court joins those of religious leaders and labor unions in making the argument that that Prop 8 is invalid because it is not a “constitutional amendment,” but a “constitutional revision.”
A revision requires a two-thirds vote of the Legislature to get on the ballot, while an amendment can go on the ballot as Prop 8 did through the collecting of signatures.
A coalition of more than 50 California labor organizations, including United Healthcare Workers and the California Labor Federation also filed its brief on Friday. In total, the labor organizations represent more than two million working men and women in California.
The California Council of Churches and other religious leaders and faith organizations representing millions of members filed their friend of the court brief earlier this week.
Last May, the state Supreme Court upheld the appeal court ruling and thousands of same-sex couples began marrying.
An umbrella group of socially conservative organizations and churches formed the Yes on 8 campaign and immediately began collecting signatures for the voter initiative.
The group wants the court to uphold the vote and to annul the 18,000 same-sex marriages that took place before November.
The court is expected to hear oral arguments in the case later this year.
time for a march on washington-and time for the church to get off our backs-now !we will never get anything as long as these politicians allow religion and government to mix-separate them !
Rick N Nick,
As a liberal gay Christian, I firmly and absolutely support separation of church and state.
I think an initiative to declare the Mormon religion invalid could succeed in a lot of states. I would certainly like to see an attempt, if only to see the outrage that accompanies it!
This is an honest question, not meant to be snarky:
How many of these individuals and groups spoke up BEFORE Prop Hate was passed?
Cheers,
Bud Burgoon-Clark
San Diego CA USA
Don’t forget there are over 4,557 churches in the California Council of Churches. Our church, where we got married, is one of them. My minister says there is a powerful backlash growing among the liberal and moderate religious organizations, and I think we are seeing it in things like Rev. Sharpton’s comments for the Affiliation of Affirming Faith Based Organizations.
This article, and all media reports, are wrong. The yes on 8 campaign did not begin collecting signatures after the ruling came donw. They were collecting signatures before the ruling came in. They were collecting signatures to prevent same sex marriage from happening. So in reality after the ruling came down the signatures they were collecting were invalid because you can’t prevent something that has already happened.
I would think it more funny if we as gay people got all weddings at Mormon wards (churches) null and voided- and see how they like that.
I think when the shoe is on the other foot, they might get a clue what they did was wrong. Lets put it this way, I think those who put money for hate had their business boycotted it sure woke them up in a hurry and Now they don’t like it. The Mormon Church and their people should take responsibility for their actions; Instead of being a bunch of cowards.
I think if someone else make the decision to annul my marriage I should be given a refund
I think that any couple that would have their marriage annulled by the prop 8 vote should receive just compensation including paid and suffering and I mean a substantial amount awarded by the court.
The beginning of a new dawn is upon us as President Obama has taken office…
Keep a smile on your face and love in your heart!
Well Bonnie, if this is your “new dawn” and it has been preceded only by one insult after another at the GLBT community – you can keep your “new dawn”. An untrue friend is worse than an enemy.
Prop 8 and ALL the negativity associated with gay rights,makes me sick.
We need equality and to NOT allow votes to keep us at a second class status!
NOBODY should have the right to vote on somebody else’s rights or freedoms!