Prop 8: The Court Fight Is On; Lambda Legal Invitation

We wanted a hearing before the California high court and we got it. Excellent news from the SF Chronicle:

The state Supreme Court plunged back into the same-sex marriage wars Wednesday, agreeing to decide the legality of a ballot measure that repealed the right of gay and lesbian couples to wed in California.

Six months after its momentous ruling that struck down the state’s ban on same-sex marriage, the court granted requests by both sponsors and opponents of Proposition 8 to review lawsuits challenging the Nov. 4 initiative.

The vote was 6-1, with Justice Joyce Kennard dissenting.

However, the court refused, 6-1, to let same-sex marriages resume while it considers Prop. 8’s constitutionality. Justice Carlos Moreno cast the dissenting vote.

Approved by 52 percent of voters, Prop. 8 restored the definition of marriage – a union of a man and a woman – that the court had overturned May 15. Both Kennard and Moreno voted with the majority in that 4-3 ruling.

The court agreed Wednesday to review two arguments by opponents of Prop. 8 – that the measure exceeds the legal scope of a ballot initiative by allowing a majority to restrict a minority group’s rights, and that it violates the constitutional separation of powers by limiting judicial authority.

The justices also asked for arguments on whether Prop. 8, if constitutional, would nullify 18,000 same-sex weddings performed between when the court’s marriage ruling took effect in mid-June and Nov. 4. Attorney General Jerry Brown, who will defend Prop. 8 as the state’s chief lawyer, contends those marriages are legal, but sponsors of the initiative disagree.

Lambda Legal, which is involved with initiating the court battle, wants you prepared and informed in advance. The following special (and rare!) invitation is for you:

Lambda Legal would like to invite you to a members-only telephone briefing Friday, Nov. 21 at 2:00 pm EST (11:00 am PST) to learn more about our challenge to Prop 8.

We’ve turned our disappointment over the passage of Prop 8 and other antigay initiatives in Florida, Arizona and Arkansas into resolve.

People have been gathering in record numbers across the nation to protest these outrageous antigay initiatives designed to deprive same–sex couples and their families of their constitutional rights. At Lambda Legal, we’re protesting too — in the courts.

Lambda Legal, the National Center for Lesbian Rights and the ACLU filed a new lawsuit on behalf of Equality California and six same-sex couples the day after the election, challenging the validity of Prop 8. This is the lawsuit now under review by the California Supreme Court.

Two of our top lawyers would like to share with you an insider’s view of our strategy.

Prop 8 is wrong. Help us make it right!

The generosity of members like you allows us to continue our fight for equality. Please consider making a gift to support Lambda Legal’s groundbreaking work all over the country.

Please join us for a Lambda Legal members-only one-hour briefing Friday, Nov. 21 at 2:00 pm EST (11:00 am PST). Our Legal Director Jon Davidson and Senior Counsel Jennifer Pizer will provide an overview of this latest case for marriage equality in California.

Here are the call-in instructions:

Step 1: Call 888-346-3950

Step 2: Enter entry code 958621#

Questions can be emailed before and during the call to

(We will not be able to respond to all questions during the call, but we will try to respond later in writing to any questions that we do not have time to address.)

With your support, we are making history. Please join us to hear more about it.

The goddess willing, I will be present for the conference call on Friday. You should be there too.


One response to “Prop 8: The Court Fight Is On; Lambda Legal Invitation

  1. Pingback: Truth Wins Out - California Supreme Court May Yet Find Prop 8 Unconstitutional

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