[lbo-talk] Is prop 8 constitutional?

Dennis Claxton ddclaxton at earthlink.net
Wed Nov 5 13:24:50 PST 2008


At 01:05 PM 11/5/2008, Chuck Grimes wrote:


>And then there is a good chance that a lawsuit can be put together to
>over turn the initative. I know several women lawyers who are lesbian
>with partners and kids and I am pretty sure they are working on how to
>do that, this very morning.

Done and done:

http://thecalifornian.com/article/20081105/NEWS03/81105019/1002/NEWS01

Three civil liberties groups announced this morning that they have filed a lawsuit asking the California Supreme Court to strike down state Proposition 8 if it passes. Advertisement

The proposition on Tuesday's ballot would eliminate a right to same-sex marriage in California.

A final result on whether the measure was approved by voters has not been determined.

The American Civil Liberties Union, the National Center for Lesbian Rights and Lambda Legal filed the lawsuit at the court's headquarters in San Francisco.

They said the petition contends that the proposition is invalid because the initiative process was improperly used in an attempt to undo the state constitution's core commitment to equality.

The state Supreme Court ruled by a 4-3 vote in May that the California Constitution provides a right to same-sex marriage.

http://www.mercurynews.com/breakingnews/ci_10905867#

SF City Attorney to file legal challenge to Prop 8

The Associated Press Article Launched: 11/05/2008 08:21:25 AM PST

SAN FRANCISCO­The San Francisco City Attorney's office says he plans to challenge the validity of a ballot measure that would change the state constitution to ban gay marriage.

Spokesman Matt Dorsey says City Attorney Dennis Herrera will file the legal challenge in the California Supreme Court if the measure passes.

With 95 percent of precincts reporting, Proposition 8 is leading with 52 percent of the vote. But there are still as many as 3 million ballots left to be counted.

The first lesbian couple to be married in Los Angeles County after the Supreme Court threw out the gay marriage ban also plans to announce a lawsuit against Proposition 8. Attorney Gloria Allred says that lawsuit will argue that the measure is unconstitutional.



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