Gird your loins. This is the week the California Supreme Court will hear the arguments for, and against, Proposition 8.
My how times flies. It seems like just yesterday we were protesting in the streets. Dust off those candles, girls – it’s time to do it again.
The state Supreme Court will hear arguments Thursday on the validity of Proposition 8, the ban on same-sex marriage that California voters approved in November.
The court said it would hold a three-hour hearing, from 9 a.m. to noon, at its chambers in San Francisco. The proceedings will also be televised statewide on the California Channel, the court said. A ruling is due within 90 days of the hearing.
The California Supreme Court will hold three hours of oral arguments from 9.am-noon Thursday on three lawsuits seeking to overturn Proposition 8, the ballot measure that amended the state constitution to reinstate the ban on same-sex marriage the court threw out last year.
Lawyers representing same-sex couples and a group of local governments led by the city of San Francisco will get 90 minutes to present their arguments. The lawyers are Shannon Minter, legal director of the National Center for Lesbian Rights; Chief Deputy City Attorney Therese Stewart and Michael Maroko, a partner of Los Angeles lawyer Gloria Allred.
The sponsors of Proposition 8 will have an hour. They are being represented by Pepperdine law school dean Kenneth Starr, the former independent counsel who investigated President Bill Clinton during the Monica Lewinsky scandal. California Attorney General Jerry Brown has taken the unusual step of declining to defend the initiative. Deputy Attorney General Christopher Krueger will have half an hour to explain the state’s position.
A record number of 62 friend-of-the-court briefs have been filed in the case, more than two-thirds of them in support of striking down the same-sex marriage ban. They are available for viewing here.
Same-sex marriage advocates are planning to hold candlelight vigils across California the night before the hearing and are encouraging supporters to rally outside the courthouse on Thursday.
Posted in News Items
Tagged California, civil rights, gay marriage, Gloria Allred, health, Jerry Brown, Kenneth Starr, knights of columbus, law, lw, michael maroko, mormon, nclr, No On 8, prop 8, prop H8, proposition 8, Same Sex Marriage, San Francisco, shannon minter, therese stewart
Robin Tyler and her wife, Diane Olson, were among the original plaintiffs in the lawsuit that eventually gave same-sex couples the right to marry in California – and was then overturned by the state referendum known as Proposition 8.
The legality of the proposition has been challenged and will be heard by California’s State Supreme Court on Thursday.
In an opinion piece in the SF Chronicle’s SFGate website, Tyler talks about the difference between emotion and reality. She says she and her wife will never say “Don’t Divorce Us” because this isn’t about them, or about unmarrying couples. It’s about not allowing 50 percent of a state’s population to discriminate against a minority group.
Read her piece here.
You can read more of Robin Tyler’s opinion writing for the Huffington Post here.
Posted in LGBT, Opinion, Uncategorized
Tagged California, civil rights, Diane Olson, gay marriage, Gloria Allred, health, Jerry Brown, Kenneth Starr, knights of columbus, law, lw, michael maroko, mormon, nclr, No On 8, prop 8, prop H8, proposition 8, Robin tyler, Same Sex Marriage, San Francisco
In a surprise move, California Attorney General Jerry Brown has asked the California State Supreme Court to invalidate the voter-approved ban on gay marriage, declaring:
“The amendment process cannot be used to extinguish fundamental constitutional rights without compelling justification.”
Brown’s argument on Proposition 8, contained in an 111-page brief filed at the last possible moment before the court’s deadline Friday, surprised many legal experts. The attorney general has a legal duty to uphold the state’s laws as long as there are reasonable grounds to do so. Last month, Brown said he planned to “defend the proposition as enacted by the people of California.”
However, the sponsors of Proposition 8 revealed, also on Friday, that they would fight to undo the marriages of the estimated 18,000 same-sex couples who exchanged vows before voters banned gay marriage at the ballot box last month.
The Yes on 8 campaign filed a brief telling the court that because the new law holds that only marriages between a man and a woman are recognized or valid in California, the state can no longer recognize the existing same-sex unions. “Proposition 8′s brevity is matched by its clarity. There are no conditional clauses, exceptions, exemptions or exclusions,” reads the brief co-written by Kenneth Starr, dean of Pepperdine Universitys law school.
You may remember Starr as the former independent counsel who investigated President Bill Clinton.
Both Brown and gay rights groups maintain that the gay marriage ban may not be applied retroactively.
Read more in the Los Angeles Times.
Posted in News Items
Tagged civil rights, gay marriage, Jerry Brown, Kenneth Starr, LA Times, Los Angeles Times, mormon, No On 8, prop 8, prop H8, proposition 8, republican, Same Sex Marriage, Yes On 8