Wednesday, November 5, 2008

It Never Ends - Legal Challenges to Prop 8

The San Diego Union Tribune reports: “The San Francisco City Attorney’s office says he plans to challenge the validity of a ballot measure that would change the state constitution to ban gay marriage.”

Mercury News: “The first lesbian couple to be married in Los Angeles County after the Supreme Court threw out the gay marriage ban also plans to announce a lawsuit against Proposition 8.”

The LA Times reports: “After losing at the polls, gay-rights advocates filed a legal challenge today in California Supreme Court to Proposition 8, a long-shot effort that the measure’s supporters called an attempt to subvert the will of voters.”

Lambda Legal issued this press release that begins: “The California Attorney General, Equality California, and the nation’s leading LGBT legal groups agree that the marriages of the estimated 18,000 same-sex couples who married between June 16, 2008 and the possible passage of Proposition 8 are still valid in the state of California and must continue to be honored by the state.”

Lambda Legal has also issued these press releases:

Lambda Legal: LGBT Ballot Losses Do Not Predict the Future

Legal Groups File Lawsuit Challenging Proposition 8, Should It Pass

The American Civil Liberties Union, Lambda Legal and the National Center for Lesbian Rights filed a writ petition before the California Supreme Court today urging the court to invalidate Proposition 8 if it passes. The petition charges 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 by eliminating a fundamental right from just one group — lesbian and gay Californians. Proposition 8 also improperly attempts to prevent the courts from exercising their essential constitutional role of protecting the equal protection rights of minorities. According to the California Constitution, such radical changes to the organizing principles of state government cannot be made by simple majority vote through the initiative process, but instead must, at a minimum, go through the state legislature first.

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