causes & news

In a brief submitted late Tuesday that responded to a new challenge to Proposition 8, Governor Schwarzenegger chose not to defend the constitutionality of the gay marriage ban that was upheld by the California Supreme Court by a 6-1 vote last month, saying that the case "presents important constitutional questions that require and warrant judicial determination".

Brought about by two same-sex couples who, thanks to the Proposition 8 marriage amendment were denied marriage licenses, the new suit states that Proposition 8 has violated their rights under the equal protections clause of California's constitution, and that it also went against federal due process. These were areas that, although touched upon during the Supreme Court hearing, were not directly answered.

According to the L.A. Times, in declining to defend Proposition 8 Gov. Schwarzenegger's actions have meant that, "no statewide official will be defending the measure in federal court". The L.A. Times also reports that California's Attorney General Jerry Brown has even gone as far as to say that he believes Proposition 8 violates the U.S. Constitution.

In a brief released last week, Brown said, "Taking from same-sex couples the right to civil marriage that they had previously possessed under California's Constitution cannot be squared with guarantees of the Fourteenth Amendment."

However, both have expressly stated that due to the political upheaval it would cause, they would not ask for an immediate block to Proposition 8, and would instead wait for the outcome of the lawsuits before acting.

The U.S. District Judge Vaughn Walker will hear arguments on July 2nd as to whether Proposition 8 should be suspended until its constitutionality is determined. It is unlikely that this will occur without the Governor's support, but the very fact that such a procedure is even being mentioned shows the seriousness with which this challenge to Proposition 8 is being treated.

Tuesday marked the one year anniversary of California allowing same-sex couples to marry. This was subsequent to the California Supreme Court deciding that to deny gay marriage was unconstitutional in the legal landscape of the time. Approximately 18,000 same-sex couples were then married between June 16 and November 4th, 2008, when Proposition 8 came into effect and the right to gay marriage was defined away.

Amongst those challenging Proposition 8 are former U.S. Solicitor General Ted Olson (who testified for George W. Bush during his historic election case) and David Bois (who testified for Al Gore), strange bed-fellows perhaps, but they are determined to overturn Proposition 8 with the help of the American Foundation for Equal Rights, remaining adamant therein that the ballot measure violates equal protections.

Bringing a federal case has worried some gay rights activists due to the legal ramifications should the challenge fail. They would instead prefer taking Proposition 8 to a 2012 ballot, or perhaps even to a 2010 vote if funds and man-power could be mobilized in time.

One thing remains clear however, that whilst some had declared the Supreme Court ruling to be the final word on Proposition 8, there are miles to go before this battle is truly over.

If you would like to help in the fight against Proposition 8, sign this Care2 petition.

Also, the Courage Campaign have a leaflet you can download and print to show your support. Just click here.

Read more: civil rights, proposition 8, gay rights, california supreme court, proposition 8 federal challenge