Cities ranging from Laguna Beach to Fremont have joined in the petition to invalidate Proposition 8. The latest city council to consider such an effort is the City of Davis. On Tuesday the Davis City Council will likely unanimously support a resolution to join an amicus brief petition to the Supreme Court to invalidate Proposition 8. Davis will join a growing list of cities that lack the resources to directly sue to challenge the adoption of Proposition as the City and County of San Francisco, Santa Clara County and the City of Los Angeles did the day after the election.
Numerous other cities and counties have since joined this action.
The petition argues that since Proposition 8 emanates from an initiative petition it is invalid because it effects a revision rather than an amendment to the constitution. The initiative process may propose only amendments not revisions. For this reason the petition asks the Supreme Court to invalidate Proposition 8.
On November 5, 2008 San Francisco City Attorney Dennis Herrera joined Los Angeles City Attorney Rocky Delgadillo and Santa Clara County Council Anne Ravel in filing a petition for a writ of mandate with the California Supreme Court to invalidate Proposition 8, an initiative constitutional amendment that intends to strip gay and lesbian citizens of their fundamental right to marry in California.
via California Progress Report: Cities File Amicus Briefs in Lawsuit to Invalidate Proposition 8