Wednesday, February 4, 2009

Supreme Court Hears Prop 8 Case Thursday


California
Supreme Court to Hear Oral Arguments
in Prop 8 Legal Challenge on March 5

The California Supreme Court announced today that it will hear oral arguments on Thursday, March 5, 2009 in the Proposition 8 legal challenge.

On November 19, 2008, the California Supreme Court agreed to hear the legal challenges to Proposition 8 and set an expedited schedule. Briefing in the case was completed on January 21, 2009.

The California Supreme Court must issue its decisions within 90 days of oral argument.

On January 15, 2009, 43 friend-of-the-court briefs urging the Court to invalidate Prop 8 were filed, arguing that Proposition 8 drastically alters the equal protection guarantee in California’s Constitution and that the rights of a minority cannot be eliminated by a simple majority vote. The supporters represent the full gamut of California’s and the nation’s civil rights organizations and legal scholars, as well as California legislators, local governments, bar associations, business interests, labor unions, and religious groups.

In May of 2008, the California Supreme Court held that laws that treat people differently based on their sexual orientation violate the equal protection clause of the California Constitution and that same-sex couples have the same fundamental right to marry as other Californians. Proposition 8 eliminated this fundamental right only for same-sex couples. No other initiative has ever successfully changed the California Constitution to take away a right only from a targeted minority group. Proposition 8 passed by a bare majority of 52 percent on November 4.

The National Center for Lesbian Rights, Lambda Legal, and the ACLU filed this challenge on November 5, representing Equality California, whose members include many same-sex couples who married between June 16 and November 4, 2008, and six same-sex couples who want to marry in California. The California Supreme Court has also agreed to hear two other challenges filed on the same day: one filed by the City and County of San Francisco (joined by Santa Clara County and the City of Los Angeles, and subsequently by Los Angeles County and other local governments); and another filed by a private attorney.

Serving as co-counsel on the case with NCLR, Lambda Legal, and the ACLU are the Law Office of David C. Codell, Munger, Tolles & Olson LLP, and Orrick, Herrington & Sutcliffe LLP.

The case is Strauss et al. v. Horton et al. (#S168047). Click here for more information.

10 comments:

  1. Thanks for the heads-up, Gina. The only news I get these days is from blogfriends. (By choice)

    ReplyDelete
  2. I was going to comment below and then here but it's all connected isn't it

    why the hell is it not a bigger news story!

    and Obama has always pissed me off on gay rights and now he's REALLY pissing me off

    as are many who call themselves liberal, progressive, whatever - yet don't seem to have much fervor when it comes to these issues

    I remain firm in my belief that your child's marriage is as sacred and wonderful as my child's marriage and both should be recognized equally. Not different. The SAME!

    ReplyDelete
  3. March cannot come fast enough.

    ReplyDelete
  4. -ahem- and now the actual comment:

    March annot come fast enough, thanks for keeping this issue up and running.

    ReplyDelete
  5. Thanks for this important post my friend...for keeping us informed...

    Amen to what Dianne said!

    Blessings, M

    ReplyDelete
  6. I hope it will stand.

    As to your email; I have searched and searched and I cannot find it. Sorry to be so ditzy.

    I'm sorry you are having trouble viewing my blog. No one else has told me that, so I have no idea what the problem could be. What browser are you using?

    ReplyDelete
  7. I echo thornesworld - only blog news (by choice). Can't stay by the garden wall, much less get in, with "news" in the background.

    I think kenju meant "hope it won't stand," since what the court will likely do is overturn it. I can't imagine they won't - it is plainly against the CA Constitution as they've interpreted it up to now - and it's the same court... This is what the Supreme Courts are for, to smooth out these occasional aberrations in governance, these moments when Democracy shows it's biggest weakness, what de Tocqueville called "the tyranny of the majority." That function of the courts was greatly admired by de T. - he considered it one of the pillars of American governance, one of the primary reasons we've succeeded as well as we have.

    ReplyDelete
  8. Yes, yes, of coruse that is what I meant!! Sorry to be obtuse and glad that Steve caught it!! THANKS, Steve!

    ReplyDelete
  9. Kenju - you obtuse? Hardly, my dear! It's a confusing legal, constitutional and state-specific situation. I have to read and re-read things to keep it basically straight and the rest I filter out.

    ReplyDelete

Thank you for taking the time to say you've been here.

I am sorry to say that I don't publish anonymous comments unless I know you through your initials, first name or blog name. I don't publish comments that have ANY kind of commercial or 'for sale' links.

You are Invited to Scroll Down! :-)

Please feel free to scroll down and look at the followers list, badges, photos and tons and tons of great links!

Search This Blog

In Memory of Bobbie

In Memory of Bobbie
Almost There

ARTLEX Art Dictionary

Kick Homophobia in The Butt: Add Your Name to the List of Supporters

Kick Homophobia in The Butt:  Add Your Name to the List of Supporters
click photo

Northampton Prop 8 Protest

Northampton Prop 8 Protest

It's Only Love

It's Only Love
See More Elopment Pictures here

Million Doors for Peace

Lines and Colors

Lines and Colors
A New Art Resource I Just Discovered!

Emily Dickinson - The Belle of Amherst

Emily Dickinson - The Belle of Amherst
"When the Amherst sphinx styled herself a pagan, she meant she didn’t believe in the biblical God. What sort of deity, if any, she did believe in is hard to pinpoint."
-- Gary Sloan, "Emily Dickinson: Pagan Sphinx,"

National Protest Against Prop 8

National Protest Against Prop 8

My Daughters

My Daughters

Code Pink

"The arc of the moral universe is long but it bends toward justice."
~Martin Luther King Jr.
Love and compassion is the Universal religion. That is my religion.
~ The Dalai Lama

Blog Archive

Fair Use

I believe that the images and writing posted here fall under the "fair use" section of the U.S. copyright law http://www.copyright.gov/title17/92chap1.html#107, as they are intended for educational purposes and are not in a medium that is of commercial nature.

Labels

LinkWithin

Blog Widget by LinkWithin