We Shall Overcome – Prop 8 Will Not Pass Without A Fight

Quick facts:

  • Friends are at City Hall right now.
  • An official lawsuit has been filed by both the City of San Francisco and two gay and lesbian couples.
  • Attorney General Jerry Brown will defend the 18,000 same-sex marriages already made.
  • The lawsuits seek orders immediately blocking Prop 8 (a violation of civil rights)
  • The lawsuits will not go to the U.S. Supreme Court, and their ultimate destination could be the State Supreme Court.
  • Prop. 8, a state constitutional amendment, violates other, more basic provisions of California’s charter.
  • We contend that “Prop. 8 is so far-reaching that it is not merely a constitutional amendment but a revision, which requires a two-thirds vote of the Legislature to reach the ballot. Such a vote would be unlikely in an Assembly and state Senate overwhelmingly controlled by Democrats” (SF Chronicle).
  • We argue Prop 8 offends constitutional principles by taking important rights away from a historically persecuted minority – gays and lesbians – while stripping judges of their power to protect this group.
  • “The suit by San Francisco, Los Angeles and Santa Clara County goes a step further and argues that any measure allowing a majority of the public to take away minority rights violates principles of equality at the heart of the state Constitution” (SF Chronicle).
Elizabeth Gill, Attorney with the ACLU:
“A major purpose of the Constitution is to protect minorities from majorities. Because changing that principle is a fundamental change to the organizing principles of the Constitution itself, only the Legislature can initiate such revisions.”

Dennis Herrera, San Francisco City Attorney:

“If allowed to stand, Prop. 8 so devastates the principle of equal protection that it endangers the fundamental rights of any potential electoral minority.”

We have not yet begun to fight. We will protect the civil rights guaranteed to all Californians.

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One Response to “We Shall Overcome – Prop 8 Will Not Pass Without A Fight”

  1. Scott Says:

    What I don’t understand is that twice now, both prop 22 and now prop 8, twice now the democratic process has prevailed. Both times the majority spoke in a fair and democratic vote of the people. And both times, the minority of people want to ignore those results and get the judges to make law instead. What’s it called when the power is taken out of the peoples hands and placed into one persons or a very small group of hands (only 4 people in this case)? Help me here…maybe a dictatorship. Hmm… interesting.
    We still live in a democracy, if only for a short time. I hope you will learn to respect that, and to respect the will of the people. The constitution is not to protect the people from the people, it’s to protect the people from the government, from activist judges that take it upon themselves to create law from the bench instead of interpreting law.

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