SF City Attorney to file legal challenge to Prop 8!

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    Nov 05, 2008 6:17 PM GMT
    Let's see what happens with this! icon_smile.gif


    http://www.mercurynews.com/breakingnews/ci_10905867

    SF City Attorney to file legal challenge to Prop 8

    The Associated Press
    Article Launched: 11/05/2008 08:21:25 AM PST

    SAN FRANCISCO—The San Francisco City Attorney's office says he plans to challenge the validity of a ballot measure that would change the state constitution to ban gay marriage.

    Spokesman Matt Dorsey says City Attorney Dennis Herrera will file the legal challenge in the California Supreme Court if the measure passes.
    With 95 percent of precincts reporting, Proposition 8 is leading with 52 percent of the vote. But there are still as many as 3 million ballots left to be counted.
    The first lesbian couple to be married in Los Angeles County after the Supreme Court threw out the gay marriage ban also plans to announce a lawsuit against Proposition 8. Attorney Gloria Allred says that lawsuit will argue that the measure is unconstitutional.
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    Nov 06, 2008 1:06 AM GMT
    It's already been filed and the SF City Attorney was joined in his lawsuit by the City Attorney for Los Angeles and the County Attorney for Santa Clara Co.

    Their suit argues that the CA constitution's equal protection provisions don't allow a bare majority of voters to use the amendment process to divest politically disfavored groups of constitutional rights. And that to give the political majority the ability to determine equal protection under the laws instead of the judiciary would require a constitutional revision rather than a mere amendment, the petition argues. So essentially there saying that you can't use the proposition process to take away the rights of a minority -- that in order to do so, you'd need to revise the CA Constitution which is a much more deliberative process.
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    Nov 06, 2008 1:27 AM GMT
    A majority shouldnt be able to take away anybody's rights just for the hell of it. That's tyranny of the majority.

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    Nov 06, 2008 1:47 AM GMT
    Gay rights backers file 3 lawsuits challenging Prop. 8

    http://www.latimes.com/news/local/la-me-gaylegal6-2008nov06,0,220763.story

    I've never been an enthusiastic fan of Gloria Allred, but she makes an interesting argument that, while the 3 cases are pending,

    "The court must hold that California may not issue licenses to non-gay couples because if it does it would be violating the equal protection clause."

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    Nov 06, 2008 1:49 AM GMT
    allgoodinhwood saidIt's already been filed and the SF City Attorney was joined in his lawsuit by the City Attorney for Los Angeles and the County Attorney for Santa Clara Co.

    Their suit argues that the CA constitution's equal protection provisions don't allow a bare majority of voters to use the amendment process to divest politically disfavored groups of constitutional rights. And that to give the political majority the ability to determine equal protection under the laws instead of the judiciary would require a constitutional revision rather than a mere amendment, the petition argues. So essentially there saying that you can't use the proposition process to take away the rights of a minority -- that in order to do so, you'd need to revise the CA Constitution which is a much more deliberative process.


    Shouldn't they have thought of this before accepting the proposition in the first place?
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    Nov 06, 2008 1:53 AM GMT
    Gloria Allred -- that says it all. Anything associated with that headline hound is already doomed to failure.