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Loading ...Proposition 8 Ruling Coming Tuesday
05.22.2009 3:25pm EDT
(San Francisco, California) The California Supreme Court will issue its long-awaited decision on the validity of the state’s same-sex marriage ban on Tuesday.
The high court announced the pending opinion on its website Friday.Prop 8 was passed by voters in November by a slim 52 percent. The initiative by conservative groups bans same-sex marriage in state.
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.
The Supreme Court heard the case on March 5.
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 marriages of same-sex couples performed before the adoption of Proposition 8?
Arguing for the litigants was Shannon Minter, the NCLR attorney who earlier successfully argued the gay marriage case before the high court.
Minter told the court that Prop 8 should be ruled invalid because the initiative process was improperly used in an attempt to undo the constitution’s core commitment to equality for everyone.
He also argued that Proposition 8 improperly attempted to prevent the courts from exercising their essential constitutional role of protecting the equal protection rights of minorities.
Minter said that under the California Constitution, such radical changes to the organizing principles of state government cannot be made by a simple majority vote through the initiative process, but instead must, at a minimum, go through the state legislature first.
The California Constitution establishes two ways that it can be altered. A substantial change to the principles or basic structure of the constitution, called a “revision,” requires the involvement of the legislature and a more deliberative process. A less substantial change, called an “amendment,” can be enacted by a simple majority vote of the people.
The California Supreme Court should strike down Proposition 8 because it is, in fact, a revision, Minter argued.
The principle of equal protection, which prevents the majority from oppressing minority groups, is central to our constitution and our democratic system of government. Proposition 8 would limit that fundamental principle of equality for LGBT Californians and undermine the very purpose of equal protection for everybody he told the court.
Attorney Christopher Krueger, representing California Attorney General Jerry Brown, told the court his office disagreed with Minter’s argument that Prop 8 was an improper revision of the constitution.
But said the measure should still be struck down.
Krueger argued that Prop 8 was unconstitutional because it conflicted with an “inalienable right” to liberty that the state Supreme Court found last year included the right of same-sex couples to marry.
Representing the conservative groups behind Prop 8 was Kenneth Starr who led the inquiry into President Bill Clinton’s affair with Monica L. Lewinsky.
Starr argued that the will of the people must be respected by the court saying the groups challenging Prop 8 wanted the court to ignore “inalienable right” of the people to change the constitution.
“The people do have the raw power to define the rights,” Starr told the court. “We govern ourselves – and we may govern ourselves unwisely.”
He also argued that the measure also invalidated the 18,000 same-sex marriages between the time gay marriage was declared legal and voters went to the polls in November.
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.
©365Gay.com 2009
I sincerely hope prop HATE is overturned, and marriage equality is for REAL in California.
I could be wrong, and I certainly hope I am, but something tells me they’re going to rule in favor of Prop 8, and here’s why.
They were widely expected to issue a ruling on the 21st, which, as was pointed out even to them, I’m sure, was the thirtieth anniversary of the White Night Riots in San Francisco.
There were many calls for a repeat of such an event should they issue a ruling upholding the marriage ban. That they didn’t issue their ruling when they were expected to leads me to believe they held off specifically for that reason–to try to forego a repeat of May 21, 1979, thinking that if they didn’t do it on that particular anniversary, there would be less chance of rioting, since it wouldn’t coincide with such an historical date.
I guess we’ll see next week what history is likely to remember about this case.
Let’s hope that the California Supreme Court does the right thing and overturns Prop. 8. I mean, how embarassing to live here; it’s legal; in Iowa and not in California?!! Ridiculous! And, as far as that dreadful, odious Ken Starr goes: let’s run him out of California on a rail!!
I’m optimistic only because the announcement of decision comes on a Tuesday. Were it Friday I’d think it went against us. Them figuring we’d shut down major city centres & they’d lose money. I know that sounds daft but that’s been my experience regarding these legal issues.
If prop 8 is not overturned I’m afraid it would be time for something drastic. Queer activists have been playing nice for far too long. If the country that is supposed to protect us won’t do its f*cking job, we need to take action. After all, the right has their radicals already. WHERE THE HELL ARE OURS?!
equal rights for all get rid of prop8 there should be same sex marriages for all
What Ken Starr states is true, the people have a right to make their own laws (through their legislatures), and do have a right to promote amendments to the state constitution, but that must be done by the established lawful process. To amend a state constitution, the legislature must vote to consider the amendment first. If it passes the legislature, then it goes to the people for, and there may be other rules and/or time-lines involved as well. But essentially, one doesn’t change the state constitution through a simple majority vote referendum. I hope the court will rule against this Prop.8.
This should never have happened. Should the California Supreme court uphold Prop 8 will set a precedence for all types of discrimination to be written into the constitution, thus making the courts ineffective. For example, it would be conceivable that the people will of the people say people of different religious backgrounds shouldn’t marry because it would harm the upbringing of children. Or perhaps we don’t like people getting married who have a vast age difference. This is not a road we should ever travel. If the will of the majority is wrong, then the courts should and have the duty to block such actions. Look back at Germany before and during WWII. That should remind us clearly about the will of the majority and the destructiveness it had towards a minority.
If by some miracle it gets overturned, then California will regain its position as the 2nd state to legalize gay marriage (if Proposition 8 is annulled it means it was never valid in the first place).
Rumors abound on Prop. 8 decision to come Tuesday http://snurl.com/ikg6x
wait if that gets overturned, does that mean california will be the 6th state to allow gay marriage?????
Unless we get a pleasant surprise, the Court will uphold Proposition 8 and this issue will be on the ballot every two years till kingdom come (both sides I’m sure will be able to gather enough signatures to get this on the ballot for at least 20 years). Some years it may get over-turned, other years it may get re-instated until a high enough percentage of the population is in favor of same-sex marriage. So for the next 20 years, gay couples will have to plan their weddings to avoid election years! This is completely ridiculous.
Also, the Court is expected to let the previous marriages stand. So while the Yes-on-8 crowd will be celebrating, who exactly won here? Until all 18,000 same-sex marriages are broken up either through death or divorce, the definition of marriage in California will never be just “one-man-one-woman.”
Most expect the court to uphold prop. 8 and recognize marriages already conducted.
I hope that the LGBT community in California can get a repeal on the ballot in 2010 or 2012. After prop. 8 is repealed, my suggestion to the people of California is to seriously revamp this ballot proposition nonsense. States have *legislatures* for a reason, so everything doesn’t have to be voted on by everyone.
And the drama continues. If Prop 8 is upheld, we’ll be back in battle gear ASAP. If it is overturned, we’ll continue the war. Harsh terms – war and battle – but when you think of the people and power against same-sex marriage (or any gay rights whatsoever), it’s a major cultural and civil rights war that we are determined to win!
So…. the DAY of Decision, which should have been yesterday, except for Gavin Newsom’s theatrics, finally arrives. We all feel it will be a mess, that the 18,000 marriages already performed will be upheld, and that means anyone married vaidly in another state or country before Nov 5 will also be valid…. but ones after Nov 5 will not.
There are events planned, no matter the outcome.
Primarily, if you are not in California, you can support us by celebrating a White Knot/ White Ribbon day with us.
Buy White Ribbon…and not only wear a nice little white knot on your lapel…. but do it the Acitivst way.
Tie White Ribbon (the symbol for Marriage Equality) around anything and everthing you want on Tuesday. The porch, a tree, your laptop, mug, etc.
Thanks for the support.
(PS. NOM is already ecstatic and Celebrating… they love the hate they spew!)