(no subject)
Nov. 5th, 2008 08:12 pmVia hoyvenmayven
PS: For those who are blaming 8 passing on black people voting (ahem), I'd like to point out that is a canard. The real culprits are homophobic religious bigots of all colors.
SAN FRANCISCO (Nov. 5, 2008)—City Attorney Dennis Herrera today joined Los Angeles City
Attorney Rocky Delgadillo and Santa Clara County Counsel Anne C. 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.
The ##-page suit filed with the high court in San Francisco this afternoon argues that the California
Constitution’s equal protection provisions do not allow a bare majority of voters to use the amendment
process to divest politically disfavored groups of constitutional rights. Such a sweeping redefinition of
equal protection would require a constitutional revision rather than a mere amendment, the petition
argues. Article XVIII of the California Constitution provides that a constitutional revision may only be
accomplished by a constitutional convention and popular ratification, or by legislative submission to the
electorate.
Today’s civil action by city and county governments follows a similar action filed earlier in the day by the
National Center for Lesbian Rights on behalf of same-sex couples. Herrera pledged to lead an aggressive
effort to enlist additional support in the civil litigation from other California cities and counties.
“The issue before the court today is of far greater consequence than marriage equality alone,” Herrera
said. “Equal protection of the laws is not merely the cornerstone of the California Constitution, it is what
separates constitutional democracy from mob rule tyranny. If allowed to stand, Prop 8 so devastates the
principle of equal protection that it endangers the fundamental rights of any potential electoral minority—
even for protected classes based on race, religion, national origin and gender. The proponents of Prop 8
waged a ruthless campaign of falsehood and fear, funded by millions of dollars from out-of-state interest
groups. Make no mistake that their success in California has dramatically raised the stakes. What began
as a struggle for marriage equality is today a fight for equality itself. I am confident that our high court
will again demonstrate its principled independence in recognizing this danger, and in reasserting our
constitution’s promise of equality under the law.”
--- News release by SF City Attorney Dennis Herrera
PS: For those who are blaming 8 passing on black people voting (ahem), I'd like to point out that is a canard. The real culprits are homophobic religious bigots of all colors.