Religious, labor groups urge Court to invalidate Prop 8
01.14.2009 10:01am EST
(San Francisco, California) Religious leaders and labor unions have joined the call for the Supreme Court of California to invalidate Proposition 8, the amendment to the state constitution approved in November by voters that restricts marriage to opposite-sex couples.
The California Council of Churches and other religious leaders and faith organizations representing millions of members filed a friend of the court brief arguing the measure violates the civil rights of gay citizens.In addition to the council, the group includes the General Synod of the United Church of Christ, two Episcopal Bishops, the Progressive Jewish Alliance, the Unitarian Universalist Association of Congregations and the Northern and Southern California Nevada Conferences of the United Church of Christ.
A second brief will be submitted Friday by a coalition of more than 50 California labor organizations, including United Healthcare Workers and the California Labor Federation. In total, the labor organizations represent more than two million working men and women in California.
“This is a very significant brief from California’s labor unions,” said Shannon Price Minter, Legal Director of the National Center for Lesbian Rights. NCLR along with Lambda Legal and the ACLU have challenged the constitutionality of Prop 8.
“These unions represent more than 2 million working men and women in California. They have many members who are gay, lesbian, bisexual and transgender, and they support the rights of all their members to be treated fairly and equally under the California Constitution,” Minter said in a statement.
The union brief echoes arguments made by NCLR and the other litigants that Prop 8 is invalid because it is not a “constitutional amendment,” but a “constitutional revision.”
A revision requires a two-thirds vote of the Legislature to get on the ballot, while an amendment can go on the ballot as Prop 8 did through the collecting of signatures.
“If a simple majority of voters can take away one fundamental right, it can take away another,” the union brief argues. “If it can deprive one class of citizens of their rights, it can deprive another class too. Today it is gays and lesbians who are singled out. Tomorrow it could be trade unionists.”
The umbrella group of social conservatives and conservative churches, Yes on 8, have told the court that it should not overturn the will of the people.
Prop 8 passed in November by a slim 52 percent. The Supreme Court is expected to hear oral arguments in the case in March.
California Attorney General Jerry Brown also has called for the measure to be overturned. Brown’s office submitted its brief in December, arguing the measure should be invalidated because it deprives people of the right to marry—an aspect of liberty that the Supreme Court has concluded is guaranteed by the California Constitution.
The issue of same-sex marriage in California dates back to 2004 when San Francisco mayor Gavin Newsom began issuing marriage licenses to same-sex couples. Some 8,000 couples exchanged vows before the state Supreme Court ruled Newsom had acted illegally.
The court nullified the marriages but said its ruling dealt only with Newsom’s actions. The justices said at the time the question of whether barring same-sex couples from marrying violated the state’s equal protection clause of its constitution was a separate matter.
Legal challenges on the constitutional question were begun almost immediately. Three separate suits ultimately were wrapped together into a single case.
In March 2005, a Superior Court judge in San Francisco ruled that the law denying same-sex marriage was unconstitutional.
“It appears that no rational purpose exists for limiting marriage in this state to opposite-sex partners,” County Superior Court Judge Richard Kramer said in a written ruling.
In striking down the state ban on same-sex marriage Kramer wrote that the state’s historical definition of marriage, by itself, cannot justify the denial of equal protection for gays and lesbians.
Kramer stayed his ruling while the state appealed.
In October 2006, the California Court of Appeal in a split decision overturned Kramer’s ruling.
Last May, the state Supreme Court upheld the appeal court ruling and thousands of same-sex couples began marrying.
The Yes on 8 campaign immediately began collecting signatures for the voter initiative. The group also wants the court to annul the 18,000 same-sex marriages that took place before the vote.





Proof that not all religious people are bad.
ALL RELIGION IS BAD Tiger Tzu. In addition to embracing fairy tales of immortality and life after death religion also is used to fortify bigotry AND violence! Practice a little rational thought for a change and leave the fairy tales to the pre schoolers ok.
Of course not all religious people are bad! Goodness, I hope we haven’t deteriorated into that line of thinking. However, that a religious person happens to be good has NOTHING to do with their religion, for clearly any good deed they could accomplish could be done sans the fairy tale.
Mike S….relax and stop behaving like the ones you seemingly hate. We get nowhere lashing out at each other, and face it, we have spiritually minded individuals in our community who deserve respect. Some even attend worship services in churches. Atheism is a choice just as is the belief in a supreme being.
Mike s
from my own personal experience to say to say ALL RELIGION IS BAD is about as true as saying that all gay bars are great. There are good gay bars and terrible ones and its the same with ANYTHING IN LIFE including religion.
Same with atheism, good atheism is Brad Pitt’s type where he gets off his butt and does many good charitable works. A prince of a guy. The bad kind of atheism is one that expresses the very same intolerance that religions are accused of.
Mike I prefer the foolishness of God to the wisdom of humans who must all die one day. I prefer God to piles of things that are one day subject to rust, rot or corrosion.
Since God is spiritual God cannot die. God is beauty, truth, order, exactness. God has nelped me in ways that atheism never has.
Athiesm has left me with a void that things that break and people who can die, who can hurt, leave, disappoint and reject never could.
God gives me the resilience to keep on when the going is not easy.
I agree with TigerTzu and Debra on this.
My own gay-welcoming church has confirmed for me on a daily basis in the interactions I have with it that foolish God supposedly fit only for preschoolers has a permanent place in my life.
Mike S, I recognize the good that both atheists and religious folk have done. Brad Pitt is for me an atheist who does tremendous good and I respect his work to help Katrina victims get some housing built for them.
Similarly, those religious folk who fight tooth and nail for gay rights and to kill things like Prop 8 are some of the best friends the gay community has.
My own church is run by a white woman preacher who is marride to a black man and who is totally for gay rights. The major focus of our church is help those far less fortunate than ourselves. We are out there helping feed the needy and the homeless, every other month we make piles of sandwiches for the homeless mens shelter. We give 600 bags of food each year to a local food for the needy program. We give piles of practical items to the poor women and their kids at a local county shelter that has these women of their own free will in a 2 year program that teaches child care and cooking skills, job and independent living skills to these women.
Every year we weed, paint and fix up the garden and home of a senior citizen no longer able to do or to pay for these things.
We help clean up the local stream.
We put our faith to practical use helping others and our community.
I fight for gay rights every day and keep up with gay news.
Right now I have my sights on defeating an antigay Maryland legislator who won’t quit reviving efforts for a MD constitutional amendment that has failed every time.
I consider my church to have some very rational people in it making a diference in their lives and in the community as well. These are well-educated middle-class people raising kids and doing what is in their own power in a group setting and individually as well to help those less fortunate than themselves in an organized and practical way.
Our church has a highly motivated knitting group to which I belong that knitted and crocheted a big pile of hats and acarves for the homeless we feed. I am working on a 5 ft long scarf for the homeless that will be finished next week and that will keep a homeless person a bit warmer in our 25 degree weather in the DC area.
Thanks for your input Mike S. and have a very nice day.
Morgan – what you say in short is that “God” gives you a fantasy that helps you get through life. I guess reality was a bit too much for you, huh?
Chris Sullivan,
I “prefer carrots and maybe you, Chris prefer peas”. I am on my own journey in life. And you are on your own journey in life and we will just leave it at that.
Have a nice day, Chris.