Prop 8 challenges

The ACLU and other groups will challenge Proposition 8:

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.

Further, the ACLU reports,

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.

(To check on other states see the ACLU relationships page.)

Bishop Andrus said “Perseverance, knowing that God continues to travel with those who are disenfranchised, is a path we know. I trust, however, that the great Californians with whom I live will continue their tradition of forging ahead towards what lies before our whole great country.”

Bishop Bruno said “I call upon Californians who supported Proposition 8 to make an honest and dedicated effort to learn more about the lives and experiences of lesbian and gay humanity whose constitutional rights are unfairly targeted by this measure. Look carefully at scriptural interpretations, and remember that the Bible was once used to justify slavery, among other forms of oppression.”

In an exit poll CNN sampled 2,240 voters on Prop 8. Among those respondents opposition to same-sex marriage was not confined to a few demographic groups. The AP reports “California’s black and Latino voters, who turned out in droves for Barack Obama, provided key support for a state ban on same-sex marriage. Christian, married and older voters also helped give the measure the winning edge, according to exit polls for The Associated Press.” TIME has similar analysis for Florida. NPR Morning Edition interviewed California gays and blacks.

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