http://www.americablog.com/2008/11/more-on-anti-prop-8-lawsuits.html
From Gloria Allred:
On May 15, 2008, after we waged a four year long legal battle we finally won a landmark victory in the California Supreme Court for same gender couples who wished to marry in California.
Last night, opponents sought to reverse that decision with Proposition 8 in which they once again sought to restrict legal marriage to a man and a woman. That Proposition appears to have passed by a narrow margin.
As a result, today we will file a writ with the California Supreme Court on behalf of Robin Tyler and her spouse, Diane Olson, challenging its constitutionality on several grounds. In our case in May, the California Supreme Court ruled that the Equal protection clause in our California Constitution protects the rights of lesbians and gays to marry the person of their choice and the court, for the first time, recognized homosexuality as a "suspect classification" under the equal protection clause of our state constitution, thereby requiring a strict scrutiny test which test was not and cannot be met (the court so held) in marriages limited to a man and a woman. Prop 8, if it passes, conflicts with the equal protection clause. If marriage is now limited to straight couples and excludes gay couples then it is inconsistent and in conflict with the equal protection clause. We will argue to the court that Prop 8 is a disguised revision to the constitution which cannot be imposed by the ordinary amendment process, which only requires a simple majority. We believe that then the court must hold that California may not issue marriage licenses to non-gay couples because if it does it would be violating the equal protection clause as straight couples would have more rights by being allowed to marry than gay couples.
Emphasis mine.
Now wouldn't that be an interesting little turn of events if it were to happen...
:evilgrin:
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