Legal Groups File Lawsuit Challenging Proposition 8, Should It Pass

2:47 PM Posted In , , , , Edit This 3 Comments »
"Legal Papers Claim Initiative Procedure Cannot Be Used To Undermine the Constitution's Core Commitment To Equality For Everyone
"A major purpose of the constitution is to protect minorities from majorities. Because changing that principle is a fundamental change to the organizing principles of the constitution itself, only the legislature can initiate such revisions to the constitution," added Elizabeth Gill, a staff attorney with the ACLU of Northern California.
The groups filed the lawsuit today in the California Supreme Court on behalf of Equality California and 6 same-sex couples who did not marry before Tuesday's election but would like to be able to marry now.
"Historically, courts are reluctant to get involved in disputes if they can avoid doing so," said Shannon Minter, Legal Director of NCLR. "It is not uncommon for the court to wait to see what happens at the polls before considering these legal arguments. However, now that Proposition 8 may pass, the courts will have to weigh in and we believe they will agree that Proposition 8 should never have been on the ballot in the first place."
This would not be the first time the court has struck down an improper voter initiative. In 1990, the court stuck down an initiative that would have added a provision to the California Constitution stating that the "Constitution shall not be construed by the courts to afford greater rights to criminal defendants than those afforded by the Constitution of the United States." That measure was invalid because it improperly attempted to strip California's courts of their role as independent interpreters of the state's constitution.
In a statement issued earlier today, the groups stated their conviction, which is shared by the California Attorney General, that the state must continue to honor the marriages of the 18,000 lesbian and gay couples who have already married in California."


QuakerDave said...

This has to go to the courts. The wingnuts are already complaining that it's "the will of the people" that counts.

Well, if we follow that logic, we'd still be holding slaves, because most Americans would've supported slavery in 1861. Most Americans did not favor integrating the military, and most did not support the Brown decision.

Sometimes, we need judges to educate us as to our rights, as per the Constitution. Especially when so many haters have been given their say.

Guess it's time to re-up my ACLU dues...

SLiver of Jade said...

Didn't you hear? Good ole' American values involve oppressing others. Yer an unpatriotic terrorist-lover. Why do you hate America?

Anonymous said...

Huh, I didn't realize that there were TWO processes by which the California Constitution can be amended. That's heartening, that means the judicial system isn't out of the fight down there yet.