On November 19, 2008, the California Supreme Court agreed to hear the legal challenges to Proposition 8 and set an expedited schedule. The California Supreme Court must issue its decisions within 90 days of oral argument, which is now set for March 05, 2009.
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 numerous supporters represent a broad spectrum of California’s and national civil rights organizations. Included are 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.” (quote; Equality California)
The ACLU, NCLR, Lambda Legal, 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, including yours truly; 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.
The case is Strauss et al. v. Horton et al. (#S168047).
Legal Challenge: Prop 8; California Supreme Court
Oral Arguments to be heard on March 05, 2009. Good!!!