Blind Prophecy

Oral arguments in the case to overturn Prop 8 will take place before the California Supreme Court on March 5th.

From the San Francisco Chronicle:

The court will hear lawsuits by same-sex couples and a group of local governments, led by the city of San Francisco, challenging Prop. 8. The plaintiffs argue that a measure eliminating fundamental rights from a historically persecuted minority amounts to a revision of the Constitution and exceeds the power of initiatives.

A revision can be placed on the ballot only by a two-thirds legislative vote or by delegates to a state constitutional convention. The court has upheld such challenges to initiatives only twice in its history, in 1948 and 1990.

Opponents of Prop. 8 also argue that it violates the constitutional separation of powers by stripping the judiciary of its ability to protect a minority group. Attorney General Jerry Brown has sided with opponents of the measure and argues that it is invalid for another reason: that it abolishes “inalienable rights,” guaranteed by the state Constitution, without a compelling justification.

The court has also asked the opposing sides to present arguments on whether 18,000 same-sex marriages performed in California before Nov. 4 remain valid if Prop. 8 is upheld.

Kate Kendell of the National Center for Lesbian Rights (a key player in the original marriage cases, the No on Prop 8 campaign, and this new case) writes:

We just found out oral argument in our case to overturn Prop 8 has been set for March 5th. We knew this notification was coming, but none of us expected it so soon. Suffice it to say our office—and our legal team especially—is very, very busy.

There will be more to come in the days and weeks that follow, but for now, I ask that you do three things:

• Join our virtual Facebook rally: Overturn 8: Online Rally Supporting the Prop 8 Legal Challenge starting today.
• Subscribe to this blog for breaking news and updates on this case—by RSS or bookmark it (email subscriptions coming soon)
• Donate now to support this case—we need your help to make this happen!

Thank you for standing with us! My heart is beating fast, but knowing our legal team is working around the clock keeps me reassured.

Under California law, the Court must announce its verdict with 90 days of oral arguments, which means (depending on the ruling), CA could have marriage equality again in time for Pride season.

I know many people have different opinions about the “best” strategy, about the “appropriate” way to continue this fight. Who cares? This is where we’re at now. It doesn’t matter if you think this should go before the courts again or not, it’s going to happen. We should rally our support and do what we can to help heal the wound that was last November’s election night for LGBT people.

Filed under: news, queer rights by Jere Keys