November 22nd, 2009
 

365 Gay: News

Speedy Prop 8 hearing sought at Calif. Supreme Court


(San Francisco, California) The state attorney general and sponsors of the ballot initiative that banned same-sex marriage in California urged its Supreme Court to hear a series of lawsuits seeking to overturn the ban, saying the matter is too urgent to be unsettled.

“The petitions raise issues of statewide importance, implicating not only California’s marriage laws but also the initiative process and the Constitution itself,” Attorney General Jerry Brown argued in his filing.

“This court can provide certainty and finality in this matter,” he said.

Proposition 8, which passed with 52 percent of the vote earlier this month, overturned the high court’s May decision legalizing gay marriage in California. The measure inserts language into the constitution limiting marriage to one man and one woman.

Gay and civil rights groups, the city of San Francisco and other plaintiffs have asked the court to void the measure on the grounds that voters did not have the authority to make, what they say, is a fundamental constitutional change.

There is no deadline for the justices to decide whether they’ll take the cases.

The litigation has made unwitting allies of supporters of the same-sex marriage ban and the attorney general, who voted against the proposition. Over the summer, anti-gay marriage groups sued Brown after his office changed the measure’s wording to reflect that it would take away a right that same-sex couples then had.

Brown has since said that in his role as California’s top public lawyer, he will fight to uphold Proposition 8 as an expression of public sentiment on same-sex marriage. The preliminary documents he filed Monday did not address that issue.

Andrew Pugno, a lawyer for the Yes on 8 campaign, said the measure’s supporters are so confident the Supreme Court would uphold the initiative they want the court to take the cases and resolve the question quickly.

“There is no question Proposition 8 is exactly the type of amendment the framers of the Constitution envisioned for the people to be able to enact,” Pugno said.

The Protect Marriage coalition is less confident about Brown’s sincere interest in defending the gay marriage ban in court, according to Pugno. That’s why the coalition asked the court for permission to intervene in the cases Monday.

“Everyone knows the AG opposed Proposition 8, did everything he could to undermine it and it still passed anyway,” he said. “There is little hope he would make much effort at all to defend Prop. 8.”

Both the attorney general and Protect Marriage asked the court to reject a request from gay marriage supporters for a stay that would allow same-sex couples to resume marrying in California until the broader legal issues are addressed.

Meanwhile, the interfaith California Council of Churches and the Episcopal bishops of Northern California and Los Angeles added their petition Monday to those asking the high court to invalidate Proposition 8. They argue that if voters are permitted to take away rights from a group based on sexual orientation, the same could happen to religious minorities.


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  • Ben L Said: December 23rd, 2008 at 2:36 pm
    • I can not believe how blinded most people are about how clear the discrimination of this issue presents. It is eliminating rights to a specific group of people. While we, members of the LGBT community continue to pay taxes and follow the same laws that everyone else follows we aren’t guaranteed the same rights and protection which is ridiculous. This is definitely a fight about civil rights. I feel like such a second class citizen always afraid of when my rights will be taken away and afraid to live.

  • Charley Said: November 19th, 2008 at 8:29 am
    • Now I am surely no expert on the California initiative process, but I have a question. If someone got enough signatures to put an initiative on the ballot saying Jews could not marry Christians, and it passed, would this survive constitutional scrutiny? If not, how is it different from 8?

  • drewski Said: November 19th, 2008 at 1:00 am
    • Yeah, uh, don’t think a movie is gonna fix it. And the court’s decision supporting gay marriage as a civil right would seem to trump any ballot initiative. It’s not whether or not gays should marry–it’s that there is no change in gays being in a suspect class. Prop 8 recreates the inequality of Prop 22; gay marriage was allowed because NOT allowing gays to marry was a violation of the state constitution’s civil rights protections. An expedited hearing would take place before the same judges, essentially rehashing this spring’s case. If you’re credible enough to be a California Supreme Court justice, then you’re going to look like an ass if you reverse your own finding and say that a civil right in May is not a civil right in November. If this happened, I’m guessing that the state’s Dems will probably support recall initiatives against the wavering judges.

  • TheRadicalRealist Said: November 18th, 2008 at 7:27 pm
    • Chris Sullivan,

      We should all definitely go see Milk, but make sure you DO NOT go see it at a Cinemark theatre.

      The CEO of Cinemark, Alan Stock,
      donated $9999 to the Yes on 8 Campaign.

      See this site for details: http://www.nomilkforcinemark.com/

  • Meg C Donohue Said: November 18th, 2008 at 5:10 pm
    • As a mother of a wonderful son who was born gay, I am disgusted and disillusioned by anybody who feels they have the right to impose their beliefs by taking others’ rights away from another. This country’s blessing is the equality of all, and making a law which prohibits the rights of any citizen is the making and rising and perpetuation in the destruction of this great country. My son obeys laws, is a productive community member, and pays his taxes just like everyone else. Our government is not supposed to be involved in my bedroom, my belief system, and my doctor’s office, plain and simple. I support you all in your endeavors to stand behind your rights.

  • Chris Sullivan Said: November 18th, 2008 at 11:26 am
    • “Got MILK?” — Let’s all go to see “MILK”! and make it a BLOCKBUSTER and allow it renew our determination to move forward with the passion and clarity Harvey would have been proud of!

 
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