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.





steve Said: “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.”
No, Steve, we are saying let the IRS punish tax-exempt religious organizations that violate federal law by functioning as a PAC by removing their tax=exempt status. Sounds like you don’t believe in the separation of church and state.
As a West Virginia native who moved to Florida over ten years ago, I am ashamed of my fellow West Virginians. However, please understand that Education is of the utmost importance to that State. Even though I feel that Southern Baptist Churches promote hate and not the word of God, they should be taxed. IF they want protected by the constitution, then taxes should be imposed upon them. Then I feel they can speak. We should allow all people in this country, especially Gay People, their rights as citizens. This is repulsive and disgusting. Shame, Shame West Virginia!
Write to your Representative and Senators and ask them to investigate the absue of tax exemption by churches. The mormons have clearly stepped over the line.
I’ve never felt so much rage against people who spread the seeds of hate and discrimination. I’ve never felt so much anger against people who are ignorant and voted for Prop 8 despite being discriminated against for centuries. I’ve never been so disappointed in the state I love, even the county I’ve lived in for so long (but voted 54% for Prop 8). HOPE AND STRUGGLE.
Stop Sherri Shepherd’s anti gay comments!!!
http://www.petitiononline.com/sherri08/
To: Ms. Barbara Walters
Bill Geddie, Executive Producer of ABC’s The View
This is a petition to demand that Barbara Walters and Bill Gedde fire Sherri Shepherd, co-host of ABC’s The View.
As longtime supporters of The View, we have had enough of Sherri Shepherd’s ignorant, closed minded comments. Because Ms. Shepherd does not bother to educate herself or research any topics discussed on the show, she often responds with moronic and misinformed statements.
Sherri Shepherd on:
-California’s Prop 8 and Gay Adoptions:
http://www.youtube.com/watch?v=T3BLwGRusNQ
-Evolution:
http://www.youtube.com/watch?v=werPBQsRC7E
-Transgender Children
http://www.youtube.com/watch?v=NmSmOldgCgQ
-Jesus predating everything:
http://www.youtube.com/watch?v=Ckb0Pwfpkbc
We believe that the narrow minded opinions of Sherri Shepherd SHOULD NOT be given a public forum to spread her message of ignorance and intolerance. Sherri Shepherd DOES NOT belong on television and needs to be fired from The View immediately.
Thank you for your time and consideration.
Sincerely,
The Undersigned
Liberty Counsel said … “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.”
Yes, “the people have a right to amend their Constitution”, as ‘We the People’ ARE the government, however, it is OUR Constitution that provides the foundation for ALL of our rights EQUALLY, of which of one many would include ammending OUR Constitution… & yes, this even includes our EQUAL right’s that provides for ALL of us to follow, or not follow, the religion of OUR choice.
The Constitution stands above all else, as the sole document that enables us to believe and/or follow as we choose, without ‘the government’… or to put it another way… without ‘we the people’ who ARE the government, interfering with those inalienable right’s granted to all of us equally in OUR Constitution.
Our Judicial system, and therefore the DUTY of each and every one of our Judge’s is to uphold OUR Constitution, and therefore the all inclusive right’s and protection’s contained therein. To argue that ‘It makes no sense that four judges can re-write the historic definition of marriage’ is to argue that the DUTY of OUR Judge’s, and therefore the DUTY of OUR Judicial System, is to swear on the Bible, not just to uphold the Bible, but to uphold BIBLICAL DOCTRINE above OUR Constitution, even though it is OUR Constitution that provides ALL of our rights, including OUR protections from religious persecution regardless of faith or denomination.
Furthermore, it attempts to argue that despite approx. 300 million people in the United States, and even assuming that only half, or 150 million of those are of adult age/consent, that just because 5 million people are willing to vote for Prop 8 somehow justifies a ‘majority’ sufficient to AMMEND OUR CONSTITUTION WITHOUT QUESTION/RECOURSE ! … and then goes on to argue that this somehow emboldens this same 5 million people the SOLE RIGHT’S of determining the definition of marriage, let alone their perceived ‘right to restore’ marriage to THEIR ‘common understanding as the union of one man and one woman’… ALL of which is based on not just Biblical doctrine, but the individual church’s INTERPRETATION of said religious doctrine.
My ‘common understanding’, as well as ‘historical common understanding’, is that none of us has the inalienable ‘right’ to pursue, let alone vote on a constitutional ammendment that destroys the equal protection of rights guaranteed in the Constitution, and therefore undermines the only document that grants and guarantee’s equal protection regardless of race, religion, etc… This is the entire basis for why all of the attacks of recent years against ‘activist judges’ MUST, as a sworn DUTY, swear on the Bible to UPHOLD our Constitution, and therefore have no other alternative other than to support the equal protection of our Constitution, above ALL else… even Biblical ‘law’… even when 5 million people that are followers of the Mormon/Catholic/Christian churches ignorantly believe otherwise, as OUR Constitution MUST protect ALL as citizens, as well as the rights of ALL citizens to believe as they choose. The line has been drawn in the sand, and the Constitution cannot, and does not, ‘legally/Constitutionally’ recognize or support one ‘ideal/theology’ over another, nor the rights of any one persons rights to follow and or believe an ‘ideal/theology’ over anothers, whether to believe or not, or whether to believe just the opposite.
5 million people have every right to their ‘common understanding’ that marriage is the union of one man and one woman, however, they do not have ANY Right to enforce their ‘common understanding’ of marriage into the Constitution, regardless of where the basis of this ‘understanding’ comes from. Additionally, there is no Constitutional basis for the pretense that they are attempting to ‘restore’ a Constitutional basis for their ‘understanding’, when in FACT there has never been a ‘basis’ to ‘restore’ that ‘understanding’ in the first place. Prop 8, and all others like it, create new verbage, and/or verbage that is written with the sole intent of re-defining or changing the existing verbage, and therefore serves as a detriment to the protections and rights contained in the original/current verbage of our Constitution.
I suppose the greatest irony of all of this battle, is that this same 5 million people that voted to pass Prop 8, are somehow duped and/or ignorant enough to believe they are ’saving marriage’, when ‘marriage’ has been all but destroyed by the same people that fail miserably at being able to live up to the ’sanctimony of marriage’ themselves. To make matters even more ludicrous, is that if gays aren’t ‘allowed’ to marry, then somehow our entire lives, our work, our homes, our families, our children, will simply go ‘poof’ and disappear from any earthly presence, and therefore will never touch their straight childrens lives. Got news for ya… I came from a straight family, and my biological daughter has a gay father that tried to live the lie. If I was asked to choose your lie, or accept my truth, I’d rather rot in Hell with sinners like myself than spend an eternity in a Heaven that is filled with even one, let alone the entire 5 million ignorant fools that voted for Prop 8.
Justin, It’s not often I would stop and read such a long post, but I read every word of yours. Very Impressive Young Man.
Well, well, it appears the Democrat Party, that great advocate of gay rights, had their Obama voters out in force in California to vote AGAINST EQUAL RIGHTS for gays!! Neither of the major parties can be relied upon to defend gay rights—only individual members of the various parties. Those who poured money into the Obama campaign would have been far wiser to pour it into the campaign against proposition 8. And why is a Virginia group involving itself in a California issue? Let’s hope the court denies their petition to involve themselves in this matter. Again, I say to these so called “Christian” groups—-if you’ve got so much money to spend on promoting hate, maybe you should notice the empty shelves in the food pantries. Another of my checks is going to that cause—-is yours?
ON BEHALF OF *ALL* LGBT VETERANS:
(from a gay vet netfriend in NYC)
Today was the second major holiday of the year for me.
The first major holiday for me is the summer Gay Pride Parade.
The second,today, is Veterans Day.
I’m a gay veteran.
As always I marched with my LGBT Vets contingent as the only gay group in the Veterans Day Parade.
The Old Straight Irish farts who run the parade don’t want us there, of course, spoiling their happy hetero fun.
The crowds love us and salute us, and the other veterans groups welcome us. We march with the American flag, and right behind it, a great big Rainbow flag ruffling in glory in the chill November wind.
The old Irish farts stop by our line up position and check with us during the parade, “Is everything all right?” They ask solicitously.
It wasn’t always that way; they used to do everything in their power to fuck us over with wrong line-up locations, lost parade registrations, last minute objections, etc.
They have learned NOT to fuck with us, after being called on the carpet in the Mayor’s office for discrimination, etc. So, its sweet to march down the street, Rainbow Flag resplendent!
There was nary a hitch, well except for the old Irish fart with the microphone at the reviewing stand who announced every group passing in review. When we came by he suddenly pretended to take an urgent cell phone call, of course, Ooopppssss, completely missed us, eh?
No matter.
Directly behind us were British WWII Vets with a full Highlander Pipe and Drum band in kilts and chequered garrison caps! Wonderful. And as we came into view on every single block, cheering crowds shouted, “Thank you for serving!”
My holiday, in so many words.
Mizz Rhuby, US Navy, US ARMY
Sgt First Class
I have always said (sometimes in sadness)
the religious right wing-nuts will never stop us.
If you look how far we have come in the past 20 years. They are really panicked and that is why they are doing all of this so fast..
Think of them like a Jake Brake on a 18 wheeler. The Jake Brake is designed to slow the truck down, but it will never stop it.
If you were coming down a steep grade the Jake Brake is what would allow you to get through the steep winding road with out crashing. It make take you a bit longer to get to your destination but you will get there safely.
These low to NON educated folks are the reason the church has an audience in the first place. They are sitting there captive and being told that this is Gods will by “One person” that has to intimidate them with fear and guilt.
If any of you remember, about 10 months before Jerry Falwell assumed room temperature, he was going around every where saying that from now on he was going to use all of his clout and all the money it took to defeat the gay agenda on every front.
You can bet he would have been on the front lines to defeat Obama. So some how there must be a God. A God that is looking out for ALL of his children, because he smite Jerry Falwell Ker-Plunk and allowed Obama to win hands down.
In some ways it might be better for us not to have all rights at one time. I know this sounds crazy but typically there are to many of us worrying more about what were going to ware to the bar
or who were going to date next, who is hot and who is not.
I hope with all my hart this is the biggest wake up call in our history. We have taken to much for granted for to long.
If this kick in the ASS hurts as much as it should then you brothers and gay sisters will strap an ice pack on your butt, contact your local LGBT head quarters, ask what you can do to help the cause. Donate what money you can but most of all donate your time as it is needed.
A little time donated now will help secure your victory for a life time.
Besides you will be around your own kind working for a worthy cause,….And what a great way to meet new people. Imagine that.
Call 5 of your friends and tell them to 5 of their friends and them to call 5 of their friends.
Now get off your whinnie butts and make a call and see what you can do.
Join in the nationwide protests against Prop 8 on Saturday, Nov. 15th. Find a local rally at: http://www.jointheimpact.com
GAUNTLET THROWN DOWN: Equality UTAH will ask for EQUAL Rights for GLBT Utahns in their Legislature: ” I take LDS Church leaders at their word that they are not anti-gay and that they sincerely understand that gay and transgender individuals and their families are in need of certain legal protections and basic benefits. I appreciate their statements that they do not oppose legal protections for gay people like those already enacted in California lawthat do not conflict with their genuinely held beliefs about marriage. This is our chance to come together and work to enact basic legal protections for gay Utahns. I am hopeful that the LDS Church will accept our invitation to heal our communities by bringing its considerable social and political influence to bear in support of laws that prevent discrimination and provide for the legitimate needs of all Utahns and their families.” ~Senator Scott McCoy
JUSTIN IN A NUT SHELL ALL THE HOOPLA ABOUT 4 JUDGES OVERTURNING THE MAJORITY VOTE. WHAT WOULD YOU LOOSE IF SOMEONE ELSE HAS THE SAME RIGHTS AS YOU? WHETHER THE OTHER SIDE GETS THEIR RIGHTS OR NOT NOTHING EFFECT YOU. SO WHY NOT GIVE THEM THEIR RIGHTS. SEPARATE BUT EQUAL IS NOT EQUAL
The reason the US has such a difficult time giving LGBT people equal rights is the retarded KKKristians, with all of the money, power, influence, and unfortunately support they have, they are able to buy and propagandize their way to religious tyranny.
strange, how schwarzenegger now says he hopes the courts override prop 8, while he himself has vetoed legislation granting marriage equality TWICE.