Copy of our Supreme Ct. lawsuit against Prop 8....64 page .pdf

[cboy4]

http://justinmclachlan.com/08/11/first-prop-8-lawsuit-filed/

SCROLL DOWN A BIT AND ZIP THROUGH ALL 64 PAGES QUICKLY

Our argument: Proposition 8 is a revision (of the constitution, not an amendment) because it subverts the fundamental principle of equal protection and removes a critical structural check on the exercise of majority power. (Therefore, it may not be enacted by initiative.)
The requirement of equal protection is embodied in the Declaration of Rights, set forth in Article 1 of the California Constitution.

Same-sex marriage issue heading back to state Supreme Court

Bob Egelko, Chronicle Staff Writer
Wednesday, November 5, 2008


(11-05) 18:16 PST SAN FRANCISCO -- A day after California voters approved a state constitutional ban on same-sex marriage, the incendiary issue returned to the state Supreme Court, where gay and lesbian couples and the city of San Francisco filed lawsuits Wednesday seeking to overturn Proposition 8.

Meanwhile, Attorney General Jerry Brown, who represents the state in court, said he would defend the legality of the thousands of same-sex marriages conducted in the 4 1/2 months leading up to election day - even though sponsors of Prop. 8 say the measure was intended to invalidate those marriages. That controversy is also likely to end up before California's high court and could reach the U.S. Supreme Court.

"It is my belief that the courts will hold that these same-sex marriages entered into are valid," Brown said in a statement. He said he would defend Prop. 8 against legal challenges, but would also defend "the marriages contracted during the time that same-sex marriage was the law in California."

A research institute at UCLA has estimated that 18,000 same-sex couples have married in California since the state Supreme Court's ruling legalizing such marriages took effect June 16. In a victory statement Tuesday night, the Yes on 8 campaign asserted that from now on, "only marriage between a man and a woman will be valid or recognized in California, regardless of when or where performed."

Campaign manager Frank Schubert said Wednesday, however, that his organization has no plans to challenge any of those marriages in court. The question will have to be decided by "the court that created that problem" by refusing to suspend its ruling until after the election, he said, without describing how it might reach the court.

Prop. 8 would overturn the court's 4-3 ruling May 15 that declared same-sex couples had the right to marry under the California Constitution on the grounds of privacy and equal protection. Backers of the measure made the court a focus of their campaign, accusing "activist judges" of thwarting the will of voters who had approved a similar measure as an initiative statute in 2000.

Three lawsuits were filed directly with the state Supreme Court on Wednesday, seeking orders immediately blocking enforcement of Prop. 8 and ultimately striking it down as a violation of fundamental rights in the California Constitution.The plaintiffs are six unmarried same-sex couples and the advocacy group Equality California; another couple who married shortly after the May 15 ruling took effect; and the cities of San Francisco and Los Angeles, joined by Santa Clara County.

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/11/05/BA3B13UM63.DTL&tsp=1


Zachary Davenport holds back his tears as he and hundreds of people gather outside of City Hall for a candlelight vigil in response to the Proposition 8 results in San Francisco, Calif., on Wednesday Nov. 5, 2008.


Coy Abellano is comforted by Erwin Barron as he cries outside City Hall where hundreds of people gather for a candlelight vigil in response to Proposition 8 in San Francisco, Calif., on Wednesday, Nov. 5, 2008.


Niklas Olsson and Joey Vaughan (left) of Palo Alto embrace on the floor of the Grand Ballroom at the Westin St. Francis.

I hope these rat bastard churches are happy

:puke:

[Jamastiene]

1. To fighting back.

It's the only way we'll ever get anywhere. :kick: and Recommended.

[Duncan Grant]

2. Thanks for the link! Glad to see we're not putting up with this bullshit. It ends now.

K&R :thumbsup:

[The Brethren]

3. Thanks cboy!

I pray the lawsuit works. And will forward this information to others.

[cboy4]

4. Note from No on H8 campaign:

Dear Damien,

Community Gatherings

Event listing updated regularly at www.NoOnProp8.com/events

Los Angeles
7:00 p.m. | West Hollywood
Corner of Santa Monica Blvd and San Vicente Blvd

Modesto
7:00 p.m.| Stanislaus Pride Center
Silent walk to Graceada Park

Sacramento
5 p.m. | Capitol Steps

San Diego
6:30 | The Center
3909 Centre Street
Co-sponsored by the Center, EQCA and HRC

San Luis Obispo
5:30 p.m. | Mission Plaza Amphitheater

San Francisco
6:30 | City Hall
1 Dr. Carlton B. Goodlett Place


While we know the climb to still defeat Prop 8 is very steep, the magnitude of the issues at stake for every same-sex couple and LGBT person in the state of California requires that we have an accurate picture of the final outcome before calling the ultimate outcome.

With at least 3 million ballots still to be counted, from counties we have not yet seen identified, the race could, at a minimum narrow, with the margin becoming much closer.

The No on Prop 8 campaign has determined that, given the incredible gravity of the situation, we will not issue the ultimate call on this election until we have more information (24-48 hours).

Never before in California's history has a group, who currently enjoys a basic right, been singled out and then had those rights ripped from them by a vote of their fellow citizens. This decision is so radical and so egregious that every voice must first be heard, no matter how unlikely a changed outcome might be.

In this fight for fairness and justice, tens of thousands of Californians built a campaign that far surpassed any previous civil rights effort on any ballot measure -- not only in California, but anywhere in our entire country.

You poured your talents, time, resources and hearts into this struggle for freedom and this fight to have their relationships treated equally. Thank you for each and every sacrifice.

And yesterday, at least 5 million Californians voted with us to reject discrimination and we thank them for their support for equality. In 2000 2.9 million voted against discrimination in our loss over Proposition 22 -- we lost that fight by a 22% margin.

Together, we put together the largest volunteer and grassroots network of any campaign other than a presidential campaign. Together, we spoke to our families, our friends, our neighbors and co-workers. Together, we reached outside our community to build coalitions that will strengthen us all. Together, we raised more money for this fight, in a shorter time, than anyone believed possible.

And the struggle for equality is not over.

Because of the struggle fought here in California and fought so incredibly well by the people in this state that loves freedom and justice -- our fight for full civil rights will continue.

In solidarity,

Kate Kendell
Executive Director
National Center for Lesbian Rights

Geoff Kors
Executive Director
Equality California

[Ms. Toad]

5. I skimmed it yesterday when it was filed

I like it :D

It is an argument that invites the California Supreme Court to do the right thing, and if the Court does the right thing the losers can't take it to the U.S. Supreme Court because it is based on the California constitution.

Early reports called the argument controversial, so I was a bit fearful, but it looks to me like a pretty decent argument.

[TechBear_Seattle]

6. It is not all that controversial and there are several legal precedent

The state Supreme Court has overturned amendment petitions before, when they determined that the measures represented revisions rather than amendments. I am working on building a list of such precedents.

[Ms. Toad]

7. Great!

My reaction was to the announcement that a suit was being filed in a couple of hours using a controversial argument. My concern was that it would be based on federal constitutional rights (which is controversial because of the current composition of the U.S. Supreme Court - and the long term implications of it deciding against us).

I immediately liked the argument when I skimmed the brief once it was made public - and no explanation I could find explained the "controversial" remark made earlier.

[KitchenWitch]

8. My sleeves are rolled up, I am still fighting!

I know bupkis about legal stuff, but am glad to see that this has been filed, and sounds to my uneducated self to be a strong argument.

To Victory!

[hanklwo]

9. Prop 8 @ Sanfranciscoiam.com

There’s a great video I saw on San Francisco IAM on Proposition 8. It shows both sides of the issue and what it means for same sex couples in California. It’s a must see for those concerned about the issue.

I’d recommend checking it out: http://www.sanfranciscoiam.com/videos/d80e34400efa

They also got a lot of other interesting video journalism video.

[bluedawg12]

10. Important and historic document - thank you for posting

It's part of our history now.