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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.
Alex is 100% right. Even the most straightforward constitutional amendment must be subject to judicial review for determination of whether it conflicts with some more-general constitutional principle left unamended. Another fine example of a ground for review is whether the amendment was conducted in conformity with the constitution’s own conditions and requirements for amendment.
Keep on laying the smackdown, Alex et al… the down-and-dirty legal details are going to be the battleground where we win this fight!
Bruce said:”why wasn’t there more of a fight to put it (Prop
to rest while the election was in process.” ///
Hmmmm…could it be because the GLBT Obama-zombies were scrambling about like hyped-up lemmings and more interested in getting Obama elected than fighting for their OWN rights while Obama’s cronies were trolling for anti-gay votes in the so-called “christian” community?
I agree with Bruce who said: “The USA gay community sat and watched their rights be taken away and now they want justice ….LOL…… fool FOOLS fools.”///
…DITTO on that!
Yep, it’s kind of like helping someone to build their house while they’re helping other people to burn your own house down behind your back.
Now, before some sycophant like “Blacksteel” says: Oh, you’re nothing but a McCain/Palin supporter and a Republican spreading lies on a GLBT cite….
Well, first of all, shove it “Blacksteel“, just because someone doesn’t care for your candidate that doesn’t make him or her a Republican or even a Third Party supporter. I even liked Obama — at first. I would have voted for him if he had made an effort to speak out against Prop 8 during the election. California was a safe state for him. He could have sent the message loud and clear to the Black Community especially (70% for Prop
and to his other supporters that it was not only immoral but just plain wrong to vote against another minorities civil rights.
But what did he do? NOTHING. He did absolutely NOTHING to discourage the yes vote on Prop 8.
And his saying NOTHING speaks volumes about his lack of commitment to full equality. He contributed to the passage of Prop 8 by the constant repeating of his lame “I believe marriage is between a man and woman” crap when obviously this bigoted idiot acted like he was unaware of the fact that tens of thousands of gays are already legally married in this f*cked up country in Massachusetts and in California, as well as the thousands of American citizens who were wed in Canada .
So now, “Blacksteel” and fellow gay Uncle Toms, this is your cue again to spew your delusional propaganda that tries to arm-twist the GLBT into believing that Obama walks on water — even after he kicks mud in your face. Let’s see how long the love affair last after January 2009. I bet you think that Bill Clinton is still really cool after DADT and DOMA. Like all fanatics you are as bad as the people you claim to oppose. Pathetic. Really pathetic.
Rick Stuart said “Having the courts overturn a constitutional amendment IS NOT THE ANSWER!!!! Judges have to answer to the constitution or they will be impeached ”
Rick — I think you’ve got it backwards. It is the duty of judges to interpret the laws and determine whether they are in accord with the constitution — including amendments to the constitution. If any law or amendment is in conflict with the body of the constitution it is the courts (not the public and not the legislature) who will determine if there is a conflict. The legislature may act upon the outcome of such a case, but it is the court who must determine if the law or amendment is constitutional.
I know of no state where a mere plurality of the population can alter the states constituting documents by a mere plurality of votes without judicial review. Any law or amendment – no matter if put forth by the legislature or a referendum – is subject to judicial review — that is what we call the “Balance-of-powers” and is an essential part of how our government works.http://www.365gay.com/news/gay-prop-8-lawsuits-challenged-by-conservative-law-group/#
Mr. Staver of Liberty University (ironic name for Jerry’s school, no?)is correct in saying the people have a right to amend their constitution. However, in this case they simply went about it in the wrong way since it is, in fact, a constitutional REVISION. Thus, the lawsuits to throw out the results of Prop 8 are not FRIVOLOUS as he states but right on point. The Campaign for California Families (again, the ironic name – what is it with these people and the names they choose for their organizations?) will simply have to go about it the correct way, through the legislature.:) I don’t like their chances!!!
I understand people are mad and they want additional rights for Gays. Having the courts overturn a constitutional amendment IS NOT THE ANSWER!!!! Judges have to answer to the constitution or they will be impeached and removed from office. If your cause is just there is no reason to think that Prop 8 can’t be overturned by a future Prop and winning the hearts and minds of the people over time.
for me religion has no stand in this world .it is a cesspool of lies .
ban religion now.
democracy is the dictatorship of the masses .over the minorities .
Now… you guys decide to get all legal and mad about prop 8, why did it ever make onto a ballet and why wasn’t there more od a fight to put it to rest while the election was in process.
The USA gay community sat and watched their rights be taken away and now they want justice ….LOL…… fool FOOLS fools.
I feel that the Mormon church is the present day terrorist for civil rights and its a man made church. They don’t follow the teaching of Jesus Christ why? they really don’t love thy neighbor. With regards to your Gov. Arnold Schwarzenegger: he is a too faced person.
Obviously, this “conservative law group” cannot see beyond the “extremist religious box” that they are quite happily reaping in the mega bucks, to make a honest to goodness, sane and fair judgement call for the sake of equality. There must be be a separation of religion and state if you are going to be a true democratic nation, welcoming and treating each and every person with the respect and dignity that they deserve.