Subscribe to Breaking News
Loading ...Gay Prop 8 lawsuits challenged by conservative law group
11.11.2008 10:04am EST
(San Francisco, California) A legal group with ties to Liberty University, the college founded by the late evangelist Jerry Falwell, is seeking standing before the California Supreme Court in a challenge to Proposition 8 - the amendment to the state constitution barring same-sex marriage.
In a brief filed Monday with the Supreme Court the Virginia-based Liberty Counsel says the challenges to Prop 8 have no basis in law.A day after voters agreed to amend the constitution to ban same-sex marriage, three separate briefs were filed with the high court, arguing the proposition was illegal because it conflicted with existing portions of the constitution.
The American Civil Liberties Union, Lambda Legal and the National Center for Lesbian Rights filed a writ petition before the California Supreme Court on Wednesday, a preliminary move to a suit. They were the lead groups that successfully argued the original marriage case before the court.
The second notice came from Dennis Herrera, the attorney for the City of San Francisco. The third was filed by Los Angeles attorney Gloria Allred on behalf of a couple married in that city.
The petitions 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. They also say that Prop 8 improperly attempts to prevent the courts from exercising their essential constitutional role of protecting the equal protection rights of minorities.
Liberty Counsel is representing the Campaign for California Families, which organized Prop 8.
In its brief, Liberty Counsel said that the challengers are wrong in their basic assumptions and asks the court for the right to argue to allow Prop 8 to stand when the high court hears the case.
“The proponents of same-sex marriage have thrown a ‘Hail Mary’ pass with no receivers down field,” said Mathew D. Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law.
“The law suit seeking to block Proposition 8 is patently frivolous. The people have a right to amend their constitution,” Staver said in a statement.
“It is amazing how much effort has been put in this battle to keep the people from deciding the future of marriage. It makes no sense that four judges can re-write the historic definition of marriage and more than 5 million people cannot restore it to its common understanding as the union of one man and one woman.”
On Sunday, Gov. Arnold Schwarzenegger said he hoped the Supreme Court would declare Proposition 8 illegal.
Unfortunately, the lawsuits don’t hold much legal heft. But I do believe the Gov. is right that though the legal and legislative process for voting on and passing Prop 8 may be upheld, the Supreme Court has already ruled these types of discriminatory measures are unconstitutional, and will eventually be struck down.
I suggest that Californians vote on a new constitutional amendment proposition disallowing Mormons from going door to door trying to get converts. I bet it would pass and they could not argue that their basic rights are being violated unconstitutionally. After all there is now a precedent that allows for the state constitution to disallow basic rights through the initiative process.
How about we all band together across the country and demand a state and federal amendment to remove tax-exempt status from every religious organization that advocates for and financially supports and influences the outcome of discriminatory legislation? These bigots want it both ways and they deliberately ignore the constitution in regard to the protection and safeguarding of the rights of minorities. We also need to get the government out of the business of issuing marriage licenses to people who opt for a religious marriage ceremony. Let their cults issue them instead while the government can continue issuing civil marriage licenses that have no conflict with separation of church and state and which contain no religious component in the performance of such marriages. The reason why proposition 8 failed among others is that the haters spread lies, innuendo and misinformation and not once mentioned that marriage equality had nothing to do with the religious component, nor were religious denominations compelled to perform same-sex marriages or face prosecution for not doing so. The dumbass electorate that supported passage of this hate legislation bought into it.
And since it seems nobody chose to blog about it here, let me just give my thanks to my fellow Veterans, both gay and straight, today on Veterans’ Day.
Robert, NYC: I agree. I believe this is something we should do. Not out of anger alone, but for the sake of our nation. We are running a deficit and these groups are allowed to keep their money while fighting against equality for minorities. There should be a true separation of church and state. We should fund an organization to fight against this inequity.
PS - don’t think for a MINUTE that the Assholic Defense Fund wouldn’t have been in court first thing Wednesday morning if Prop H8 had LOST. They will NEVER give up; they will NEVER give in. Get used to it. We have a LOOOOOOOOOOOOOOOOONG fight ahead.
Bud Burgoon-Clark
National Protest against Prop H8, on November 15, in cities across the U.S. Join and get the word out:
http://jointheimpact.com/
PPS - Liars’ Counsel, Assholic Defence Fund, whatever. If it stinks like a fundy, it IS a fundy.
BBC
I agree with Robert of NYC that religious groups/churches/temples, etc., be required to pay taxes. Their push to insert their religious doctrines on a secular society requires that they lose their tax-examption status.
Pass the barb wire wrapped cylindrical implement brother …… ALL of these bogus cults and religions who insist on ramming their delusional hate inspired agenda down our throats need a good reaming.
I have been yelling this message from the rooftops for a long time.
These corpse worshippers are not our friends … yank their tax exempt status when they lobby and pour millions into influencing the political process.
WE ALL pay their share of taxes to support these parasites while they work diligently to destroy our legal and civil rights.
I couldn’t care less whom, or which fairy tale they worship or believe …. as long as they mind their own business and stay out of mine, and ours. They can worship the tooth fairy; just don’t tell me we cannot marry because the Tooth Fairy would not approve.
These people are certified loons, and very dangerous to everyone elses civil and legal rights.
Amen.
Arthur Carroll
(Have intercourse with) the Alliance Defense Fund and all Konservative Kristianist Kultist Krazies (KKKK) using a barbed-wire-wrapped (LONG, THICK cylindrical implement) … and the “Bible” they rode in on. How many MILLIONS of gallons of BLOOD have been spilled over that book? Way to go, God! (NOT!).
Bud Burgoon-Clark
San Diego CA
2nd class citizen, no thanks to the Mormons, the Romans, and the KKKK
(see above)
“The law suit seeking to block Proposition 8 is patently frivolous. The people have a right to amend their constitution,” Staver said in a statement.
“It is amazing how much effort has been put in this battle to keep the people from deciding the future of marriage. It makes no sense that four judges can re-write the historic definition of marriage and more than 5 million people cannot restore it to its common understanding as the union of one man and one woman.”
No, actually it is amazing how much effort has been put forth into writing discrimination of a minority group into a state constitution, and it is even more amazing that you would think we would just rollover and take it. Do you actually think we believe that if Prop 8 had failed YOU wouldn’t have filed lawsuits to stop it? Or that you wouldn’t have gone full out to try once again to change it? Please, we are not as one-dimensional as you seek to portray us.
Joseph wrote “I agree with Robert of NYC that religious groups/churches/temples, etc., be required to pay taxes. Their push to insert their religious doctrines on a secular society requires that they lose their tax-examption status.”
Obviously, some people here need a lesson in how to win a struggle. Lesson 1: Win allies to your side. Your statement can be easily construed as saying “Let’s use the IRS to punish those that don’t agree with us and dare say so.” Sounds more like mafia strong arming than a group trying to secure rights. That’s not going to win many allies to our side.
LOL and the h8ters were saying the amendment was court proof!!! LOL, they’re scared that the courts might *gasp* actually overturn it. Yes 5 million voted yes but nearly that much was voted No. Will the courts set a precedent to take away rights? Now that they have no money I wonder how they will fare now that they got no means to use brainwashing propaganda and trickery?
And now the California Legislature is filing an Amicus Brief with the suit supporting EQUALITY. That is what our constitution says, a minority rights cannot be taken away by a vote.