November 22nd, 2009
 

365 Gay: News

Judges in Prop 8 case threatened


(San Francisco, California) A newly-formed group has issued a warning to California’s Supreme Court justices: Overturn Proposition 8 at your own peril.

The court will issue its ruling today on the constitutionality of Prop 8, the voter measure banning same-sex marriage in the state that was approved in November.

The group calling itself the American Civil Responsibilities Union held a news conference Monday on the steps of the court to announce plans to launch a statewide effort to recall any state of the justices who vote to overturn Proposition 8.

“We believe homosexuality in all its manifestations is an unfortunate abnormality,” the group said in a statement distributed to the news media.

“However, we wish it understood that we fully support alternative civil unions between like sexes. As registered `domestic partnerships,’ they should have all the state rights and responsibilities that are assumed in traditional marriages,” the statement said.

The organization was formed by Howard Garber who started “Californians For A Responsible Supreme Court,” in the 1980s.

That group succeeded in having Chief Justice Rose Bird recalled from the state Supreme Court because of her opposition to the death penalty.

Monday night, hundreds of gay marriage supporters filled San Francisco’s Grace Episcopal Cathedral for a prayer service conducted by representatives of more than 40 Christian, Jewish and Buddhist denominations.

Whichever way the court rules, LGBT activists and their supporters will take to the streets on Tuesday following the ruling.

The marches will take place throughout the state. Organizers say they will be celebratory if the court rules in their favor and protests if Prop 8 is upheld.

Waiting for the decision “has been an absolutely gut-wrenching experience,” Molly McKay, spokesperson for Marriage Equality USA told The Associated Press.

“As Californians, we are all under tremendous strain worrying about the economy, our jobs and our families,” McKay said. “On top of that, gay families have been living for months with the fear that the court will allow a bare majority of voters to strip gay and lesbian families of their constitutional protections and eliminate our marriages – or just as bad, eliminate new couples’ ability to get married.”

Prop 8 was passed by voters by a slim 52 percent.

The American Civil Liberties Union, Lambda Legal and the National Center for Lesbian Rights immediately filed lawsuits challenging the constitutionality of the vote.  They were joined by additional suits by the cities of San Francisco and Los Angeles and a legal opinion by California Attorney General Jerry Brown.

For the court there are three issues to be determined: Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution; Does Proposition 8 violate the separation of powers doctrine under the California Constitution; and If Proposition 8 is not unconstitutional, what is its effect, if any, on the 18,000 marriages of same-sex couples performed before the adoption of Proposition 8?

Two separate groups are not taking any chances should the court fail to overturn Prop 8 and are preparing voter measures to overturn it in 2010.

The California Secretary of State has given the group Yes on Equality until Aug. 17 to collect the nearly 700,000 signatures needed to qualify its initiative for the 2010 ballot. It would ask voters to repeal Prop 8. The other, by two college students, would strike the word “marriage” from all state laws.


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  • Robert, NYC Said: May 26th, 2009 at 12:43 pm
    • I don’t understand why mob rule is allowed to decide who is entitled to full equality and who isn’t? If the African-American civil rights movement had been left to the mercy of the voters, they would still be second class citizens to this day. Referenda of any kind on civil rights issues is plain wrong and dangerous. This IS nothing more than the mob rule mentality and is NOT about democracy at all. Minority rights MUST be protected no matter the decision of the majority. If they can’t abide by that, then they might as well tear up the constitution altogether.

  • shawn Said: May 26th, 2009 at 12:41 pm
    • Funny as f*ck to see the great “progressive” lid blown off of the great illusion called “California”. Boycott anyone?

  • noyz Said: May 26th, 2009 at 12:35 pm
    • Does nobody here know about the people who want to overturn proposition 8? Its not just (obviously) the lgbt community, its churches as well – since proposition 8 basically let the floodgate open for discrimination against not only minority groups but religious groups.
      Despite what they have said, there is also everything that has been going on SINCE then in other states. We are gaining a lot of ground here even IF proposition 8 is upheld, and we should be thankful for that at least. This isnt going to just happen overnight and we’re not going to get everything we want right away – but we need to stay optimistic and keep moving forward. Geez, I sound like a motivational speaker…lol.
      If we really think about it – its not hard to believe that this whole thing is still up in the air and could go either way. I’m hoping for a pleasant suprise just like anyone else.

  • Chris Sullivan Said: May 26th, 2009 at 12:27 pm
    • John – I’m sure its for exactly that reason that they didn’t release their pathetic statement until today. They can seem like “tough guys” because it has already been written, and it’s quite likley that it won’t go our way. They then get to spin it that they somehow “got their way” – when nothing of the sort occured.

  • RICK Said: May 26th, 2009 at 12:25 pm
    • CNN just predicted that they will rule for the majority and the” will of the people”.Thank goodness the blacks got their rights when they did -the “will of the people” was totally against them which made President Johnson sign the civil rights bill bringing EQUALITY for them

  • John Said: May 26th, 2009 at 12:23 pm
    • I wish these clowns had released this statement before the opinion had been written. Had they done, I might feel more confident that Prop. 8 will be overturned.

  • Stuff Queer People Need To Know Said: May 26th, 2009 at 12:20 pm
  • Chris Sullivan Said: May 26th, 2009 at 12:13 pm
    • The Advocate has a news story about a news site that prematurely let it be known that Prop 8 was upheld.

  • JP Said: May 26th, 2009 at 12:11 pm
    • I believe stupidity in all its manifestations is an unfortunate abnormality.

  • Patrick from CT Said: May 26th, 2009 at 12:10 pm
    • I agree with Casey- how can any one of us believe that they will support domestic partnerships while on the other hand calling us an unfortunate abnormality? Every time I have discussed marriage equality with someone who doesn’t support it, but claims to support other arrangements, ultimately comes out in favor of denying us our rights. In short, saying that they will support domestic partnerships is just a cover for their intolerance.

  • Disgusted American Said: May 26th, 2009 at 12:07 pm
    • Ohh geeez – please oh please approve of US..and give us the crumbs you deem us worthy to have……oh,and by the way – GO [SCREW] YOURSELVES!

  • Morgan Said: May 26th, 2009 at 12:04 pm
    • Judges are there on the bench until they decide to retire. They cannot be recalled at any group’s whim, no matter how deeply that group believes in its own point of view. This antigay group threatening this rubbish is out of its mind. California judges don’t and can’t care about what any people or any groups think. They have to tune out everything except for how they see and understand interpretation of California’s constitutional law to be for any case before them.

      These justices will simply vote according to what they think CA constitutional law means about any issue regardless of how anyone will like the result. As we know, interpretation of a constitution could vary from justice to justice.

      So, I am bracing for a possible retention of the existing marriages, the retention of Prop H8 and the exclusion from marriage of any new same-sex couples in CA. And for an aftermath of steely resolve and anger-fueled energy toward getting Prop H8 put back on the ballot in 2010 or 2012. We will see what today brings first and then act,. It’s just one hour and 15 minutes at time of writing this to release of decision.

      I am reserving further comment until today’s Prop H8 decision has been announced.

  • Interested Said: May 26th, 2009 at 12:01 pm
    • Not for nothing, but could anyone list “all its manisfestations” for me?

      Thanks in advance.

  • Chris Sullivan Said: May 26th, 2009 at 11:58 am
    • An organization only Adolf Hitler would be proud of.

  • Casey Cameron Said: May 26th, 2009 at 11:44 am
    • Sorry, this group is a lying HATE GROUP. BTW, if you call homosexuality an “abnormality” you aren’t going to support civil unions. Nice try but we’ve been around the block and heard that one before.

 
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