Spring Break
Prop. 8's Future in Supreme Hands
Sasha Santacruz
Issue date: 11/26/08 Section: News
The California Supreme Court announced it will review legal challenges to Proposition 8 filed by groups wanting the measure to be overturned. A hearing may come as early as March.
The court asked supporters and opponents of Prop. 8, which overruled the May 15 decision of the California Supreme Court that legalized same-sex marriage, to submit written arguments by Jan. 21. While the proposition is being reviewed, same-sex couples are not permitted to get married.
"I applaud the Supreme Court's decision to review this important civil rights issue," said San Francisco Mayor Gavin Newsom. "Every Californian deserves equal protection under the law. I am optimistic that the Supreme Court will affirm that separate is not equal."
Lawsuits filed by opponents of Prop. 8 asked the court to consider whether the measure is a constitutional revision or a constitutional amendment. For something to be ruled a revision, it has to be defined as a fundamental change in government structure and must be approved by a two-thirds vote of the legislature before it can be put on the ballot. Gay- rights activists say the proposition is a revision of the state's constitution because it fundamentally altered the guarantee of equal protection.
Groups such as Equal Rights Advocates, Constitutional Law Center of the Monterey College of Law and The Los Angeles County Bar Association have challenged the proposition with several lawsuits. The city of Los Angeles, the city and county of San Francisco and Santa Clara County have also filed their own lawsuits. The order, granting review of the lawsuits, was signed by six of the seven justices.
According to the Los Angeles Times, the latest anti-Proposition 8 lawsuits were filed by the California Council on Churches, the Episcopal Bishop of California, the General Synod of the United Church of Christ, the Progressive Jewish Alliance and the Unitarian Universalist Association of Congregations.
After voters in California passed the ban on same-sex marriage with a 52 percent 'Yes' vote on Nov. 4, thousands of people protested throughout the state and across the nation. Cities such Los Angeles, San Diego, San Francisco and Long Beach saw numerous protests, with more than 20,000 activists gathering in Hollywood alone. More than 3,000 protestors marched past the Church of Jesus Christ of Latter-Day Saints temple in downtown Salt Lake City, Utah, to voice their disapproval of Mormon involvement in the 'Yes on 8' campaign.
The court asked supporters and opponents of Prop. 8, which overruled the May 15 decision of the California Supreme Court that legalized same-sex marriage, to submit written arguments by Jan. 21. While the proposition is being reviewed, same-sex couples are not permitted to get married.
"I applaud the Supreme Court's decision to review this important civil rights issue," said San Francisco Mayor Gavin Newsom. "Every Californian deserves equal protection under the law. I am optimistic that the Supreme Court will affirm that separate is not equal."
Lawsuits filed by opponents of Prop. 8 asked the court to consider whether the measure is a constitutional revision or a constitutional amendment. For something to be ruled a revision, it has to be defined as a fundamental change in government structure and must be approved by a two-thirds vote of the legislature before it can be put on the ballot. Gay- rights activists say the proposition is a revision of the state's constitution because it fundamentally altered the guarantee of equal protection.
Groups such as Equal Rights Advocates, Constitutional Law Center of the Monterey College of Law and The Los Angeles County Bar Association have challenged the proposition with several lawsuits. The city of Los Angeles, the city and county of San Francisco and Santa Clara County have also filed their own lawsuits. The order, granting review of the lawsuits, was signed by six of the seven justices.
According to the Los Angeles Times, the latest anti-Proposition 8 lawsuits were filed by the California Council on Churches, the Episcopal Bishop of California, the General Synod of the United Church of Christ, the Progressive Jewish Alliance and the Unitarian Universalist Association of Congregations.
After voters in California passed the ban on same-sex marriage with a 52 percent 'Yes' vote on Nov. 4, thousands of people protested throughout the state and across the nation. Cities such Los Angeles, San Diego, San Francisco and Long Beach saw numerous protests, with more than 20,000 activists gathering in Hollywood alone. More than 3,000 protestors marched past the Church of Jesus Christ of Latter-Day Saints temple in downtown Salt Lake City, Utah, to voice their disapproval of Mormon involvement in the 'Yes on 8' campaign.
Viewing Comments 1 - 9 of 13
Angela
posted 11/26/08 @ 12:07 PM PST
With all due respect to Mr. Seminario, Proposition 8 ELIMINATED the rights of a minority group yet he expresses concern about the rights of the voters - the SAME voters who saw fit to strip away the rights of others. (Continued…)
Fernando P. Orlandi
posted 11/26/08 @ 1:11 PM PST
The voters of California have also spoken when they ratified the Constitution, which includes the very important principle of 'Equal Protection Under The Law'. (Continued…)
john
posted 11/26/08 @ 5:46 PM PST
the no people on prop 8 need to get a life and move on they are just waisting their time no one cares the PRop 8 passed and thats final there is nothing that no people can do now can they just stop rioting and causing harm to the communities and move on with their lives. (Continued…)
JOHN
posted 11/26/08 @ 5:56 PM PST
There is no way in over turning the decison to pass prop 8 it passed and that is final. The No peopl need to get a life im tired of turning on the tv and seeing these people wasting their time. (Continued…)
mark
posted 11/26/08 @ 11:54 PM PST
Equal protection clause of the Constitution TRUMPS any initiative or wishes of legislators...this is OVER, prop 8 will be repealed.
mark
posted 11/27/08 @ 12:02 AM PST
EVERY minority KNOWS the danger if prop 8 would be upheld. ALL gains minorities have made in 100 years could be wiped away with a mere 50+1 vote.
Angry queers would put initiatives which will impact MANY groups in 2010, Why should we be the ONLY group whose Constitutional Rights are NOT protected by the equal protection clause? Religous groups your neck is on the block NEXT, and you won't like OUR intiatives. (Continued…)
mark
posted 11/27/08 @ 12:24 AM PST
Intiatives like:
No divorce for any reason for families with minor children.
Only religions with members equal to 5% of the state residents qualify for tax exempt status, the rest will be designated cults. (Continued…)
lc
posted 11/29/08 @ 5:18 PM PST
Marriage was instituted by religion not government. So explain how government has the right to define it? Church and state are seperate correct? Marriage has never been a right it has been a privilege granted by the church. (Continued…)
LongLiveProp8
posted 2/24/09 @ 9:03 PM PST
Instead of marriage being recognized as it now is, as the best environment and circumstance in which to bear and raise children, marriage would become nothing more than official governmental recognition of any two individuals' professed affection for each other. (Continued…)
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