America’s top civil rights groups and legal scholars agree: Invalidate Prop 8
(San Francisco, CA, January 21, 2009) In the last round of an expedited briefing schedule, final briefs were filed today by both petitioners and respondents in the lawsuits challenging Proposition 8. The briefs filed today by the National Center for Lesbian Rights, Lambda Legal, and the ACLU responded to the more than 60 amicus curiae, or “friend of the court,” briefs filed in the case last week.
Those amicus briefs highlight the extraordinary breadth of support for Petitioners’ argument that Proposition 8 is invalid. The supporters represent the full gamut of California’s and the nation’s civil rights organizations and legal scholars, as well as California legislators, local governments, bar associations, business interests, labor unions, and religious groups.
In amicus briefs filed last Thursday, the nation’s leading legal scholars argued that Proposition 8 is invalid because it seeks to eliminate a fundamental right only for a targeted minority, which cannot be done through the initiative process. Professors from the most prominent universities and law schools in California and the country authored briefs urging the Court to invalidate Proposition 8, including scholars from Harvard University, Stanford University, Yale University, University of California (Berkeley, Los Angeles, Hastings, Davis, Irvine), University of Southern California, University of Pennsylvania, Rutgers University, University of San Francisco, Loyola Law School, Santa Clara Law School, Chapman University, and Pepperdine University.
A brief authored by Hastings Law Professor Donna Ryu and joined by 20 constitutional law experts, argued: “Proposition 8 represents the first time that the California initiative process has been wielded to abolish a fundamental freedom for an unpopular minority group and to alter the Constitution so as to mandate governmental discrimination against that group. In this way, Proposition 8 attempts to breach some of the most elemental textual and structural promises of our state Constitution. It revokes a fundamental right that, in the words of the Constitution, is “inalienable.” It dismantles constitutional equality for a single group of Californians – a group that, because of its history of oppression and stigma, is entitled to the highest level of constitutional protection against discrimination.”
Another brief authored by Professor Karl Manheim, one of the foremost authorities on California’s initiative process, stated: “Proposition 8 . . . improperly attempts to revise the Constitution by taking the unprecedented step of singling out a suspect class and depriving that class – and only that class – of a fundamental right.”
On January 15, 2009, 43 friend-of-the-court briefs urging the Court to invalidate Prop 8 were filed, arguing that Proposition 8 drastically alters the equal protection guarantee in California’s Constitution, and that the rights of a minority cannot be eliminated by a simple majority vote.
Other briefs supporting the legal challenge to Prop 8 were filed on behalf of 652 current and former California legislators; dozens of bar associations, legal aid organizations; and numerous California municipal governments.
In May of 2008, the California Supreme Court held that laws that treat people differently based on their sexual orientation violate the equal protection clause of the California Constitution and that same-sex couples have the same fundamental right to marry as other Californians. Proposition 8 eliminated this fundamental right only for same-sex couples. No other initiative has ever successfully changed the California Constitution to take away a right only from a targeted minority group. Proposition 8 passed by a bare 52 percent on November 4.
The National Center for Lesbian Rights, Lambda Legal, and the ACLU filed this challenge on November 5, representing Equality California, whose members include many same-sex couples who married between June 16 and November 4, 2008, and six same-sex couples who want to marry in California. The California Supreme Court has also agreed to hear two other challenges filed on the same day: one filed by the City and County of San Francisco (joined by Santa Clara County and the City of Los Angeles, and subsequently by Los Angeles County and other local governments); and another filed by a private attorney. These three cases are jointly under review by the California Supreme Court.
Serving as co-counsel on the case with NCLR, Lambda Legal, and the ACLU are the Law Office of David C. Codell, Munger, Tolles & Olson LLP, and Orrick, Herrington & Sutcliffe LLP.
On November 19, 2008, the California Supreme Court granted review in the legal challenges to Proposition 8, and established an expedited briefing schedule, under which briefing was completed on January 21, 2009. The California Supreme Court has stated that it may schedule oral argument as early as March 2009.
The case is Strauss et al. v. Horton et al. (
S168047).
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Original source : http://gay_blog.blogspot.com/2009/01/americas-top-…
Labor unions, churches to fight gay marriage ban in court
Labor unions and some churches announced Tuesday that they planned to file friend-of-the-court briefs in support of invalidating Proposition 8, the November ballot initiative that banned gay marriage in the state.
The California Council of Churches and other faith organizations including the Progressive Jewish Alliance representing millions of members said they will file on Thursday.
On Friday, a coalition of labor unions representing more than 2 million California workers said they planned to file their own brief. The briefs will support the lawsuits filed by gay-rights groups the day after Proposition 8 was enacted.
The California Supreme Court has agreed to take the case and could hear arguments as soon as March.
See Labor unions, churches to fight gay marriage ban in court
Los Angeles Times, CA -
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Original source : http://gay_blog.blogspot.com/2009/01/labor-unions-…
NEW FILING IN PROP 8 LEGAL CHALLENGE: Reply brief reiterates that Prop 8 should be struck down
(San Francisco, California, January 5, 2009) — Today, the National Center for Lesbian Rights (NCLR), the American Civil Liberties Union (ACLU), and Lambda Legal filed a reply brief in the California Supreme Court, the next step in the lawsuit seeking to overturn Proposition 8, which passed by a mere 52 percent on November 4. The brief argues that Proposition 8 is invalid because it seeks to eliminate a fundamental right only for a targeted minority, which cannot be done through the initiative process. The brief also agrees with California Attorney General Jerry Brown that certain fundamental rights, including the right to marry, are inalienable and can not be put up for a popular vote. The brief also argues —again in agreement with the Attorney General — that Proposition 8 cannot be applied to invalidate existing marriages because new laws and amendments are presumed to apply only on a prospective basis. “If Prop 8 is permitted to stand, it would be the first time an initiative has successfully been used to change the California Constitution to take away an existing right only from a historically targeted minority group,” said NCLR Legal Director Shannon Minter. “Such a change would defeat the very purpose of a constitution and fundamentally alter the role of the courts in protecting minority rights.” On November 19, 2008, the California Supreme Court granted review in the legal challenges to Proposition 8, and established an expedited briefing schedule, under which briefing will be completed in January 2009, with amicus curiae or “friend-of-the-court” briefs due on January 15. Oral argument potentially could be held as early as March 2009. Elizabeth Gill, a staff attorney with the ACLU, added “Prop 8 is a radical and unprecedented change to the California Constitution that puts all Californians at risk. It actually mandates government discrimination against a minority.” In May of 2008, the California Supreme Court held that laws that treat people differently based on their sexual orientation violate the equal protection clause of the California Constitution and that same-sex couples have the same fundamental right to marry as other Californians. Proposition 8 would completely eliminate this fundamental right only for same-sex couples. No other initiative has ever successfully changed the California Constitution to take away a right only from a targeted minority group. “Prop 8 is not valid and never has been,” said Jennifer Pizer, Lambda Legal National Marriage Project Director. “California’s Equal Protection clause was not written in sand, to be erased by shifting political tides. It’s a solid guarantee that we all have the same rights and it’s the foundation of our government. Exceptions can’t be carved by simple majority vote or the equality guarantee becomes a discrimination guarantee. No initiative can cause such a profound change in our legal system.” NCLR, Lambda Legal, and the ACLU filed this challenge on November 5, representing Equality California, whose members include many same-sex couples who married between June 16 and November 4, 2008, and six same-sex couples who want to marry in California. The California Supreme Court has also agreed to hear two other challenges filed on the same day: one filed by the City and County of San Francisco (joined by Santa Clara County and the City of Los Angeles, and subsequently by Los Angeles County and other local governments); and another filed by a private attorney. These three cases are jointly under review by the California Supreme Court. Serving as co-counsel on the case with NCLR, Lambda Legal, and the ACLU are the Law Office of David C. Codell, Munger, Tolles & Olson LLP, and Orrick, Herrington & Sutcliffe LLP. For more information on this case, go to: http://www.courtinfo.ca.gov/courts/supreme/highprofile/prop8.htm ### The National Center for Lesbian Rights is a national legal organization committed to advancing the civil and human rights of lesbian, gay, bisexual, and transgender people and their families through litigation, public policy advocacy, and public education. www.nclrights.org Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education and public policy work. www.lambdalegal.org
The American Civil Liberties Union is America’s foremost advocate of individual rights. It fights discrimination and moves public opinion on LGBT rights through the courts, legislatures and public education. www.aclu.org
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Original source : http://gay_blog.blogspot.com/2009/01/new-filing-in…
Iowa Supreme Court Hears Arguments in Lambda Legal’s Case Seeking Marriage for Same-Sex Couples
”We put our best case forward, and hope that the Court breathes life into the Iowa Constitution’s promise of equality,” said Camilla Taylor, Senior Staff Attorney and chief architect of the lawsuit based in Lambda Legal’s Midwest Regional Office in Chicago.
”Iowa has a long, proud history of protecting individual rights. The government has no business standing in the way of a loving same-sex couple who wants to take responsibility for each other and their family,” said Dennis Johnson, former Iowa Solicitor General and partner at the firm Dorsey and Whitney who argued the case on behalf of Lambda Legal’s clients.
In December 2005, Lambda Legal filed a lawsuit with the Polk County Court on behalf of six same-sex couples who were denied marriage licenses in Iowa, arguing that denying marriage to same-sex couples violates the liberty and equality guarantees in the Iowa State Constitution. In August of 2007 the district court ruled that denying marriage to same-sex couples is unconstitutional. In March 2008, 15 friend-of-the-court briefs were filed supporting same-sex couples seeking the right to marry, and the right of their children not to have their families branded as inferior. Those briefs were signed by hundreds of Iowans including former Lieutenant Governors Joy Corning and Sally Pederson. To learn more about the briefs visit: http://www.lambdalegal.org/news/pr/iowa-amicus-filing.html. The final decision in this case will be made by the Iowa Supreme Court.
Lambda Legal clients attending the argument: Kate and Trish Varnum of Cedar Rapids; David Twombley and Larry Hoch of Urbandale; Dawn and Jen BarbouRoske and their daughter McKinley of Iowa City; Ingrid Olson and Reva Evans of Council Bluffs; Jason Morgan and Chuck Swaggerty of Sioux City; and Bill Musser and Otter Dreaming of Decorah.
Tonight the community will gather to discuss this historic event with remarks by Camilla Taylor, Lambda Legal’s Senior Staff Attorney and chief architect of the lawsuit.
“Making the Case” Des Moines Reception — Tuesday, December 9, 2008 – 6:30-8:00 PM Pappajohn Center, 1200 Grand Ave., Des Moines.
Lambda Legal and One Iowa are hosting a series of town hall meetings across the state about the oral arguments and the lawsuit. For a list of dates and cities, please visit http://www.lambdalegal.org/take-action/events/iowa-town-hall.html.
The Iowa case is: Varnum v. Brien
Camilla Taylor, Senior Staff Attorney and Kenneth Upton, Jr., Supervising Senior Staff Attorney are handling the case for Lambda Legal. They are joined by former Iowa Solicitor General Dennis Johnson of Dorsey and Whitney in Des Moines.
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Original source : http://gay_blog.blogspot.com/2008/12/iowa-supreme-…
