New brief filed in Prop 8 challenge
by: Pam Spaulding
Tue Jan 06, 2009 at 06:00:00 AM EST
http://pamshouseblend.com/showDiary.do;jsessionid=931A808729FB0C2DEEB4F6EEEC44D258?diaryId=8931The National Center for Lesbian Rights (NCLR), the American Civil Liberties Union (ACLU), and Lambda Legal have filed a brief in the California Supreme court as part of the process in the lawsuit to toss out Prop 8. (email, no link):
The brief argues that Proposition 8 is invalid because it seeks to eliminate a fundamental right only for a targeted minority, which cannot be done through the initiative process. The brief also agrees with California Attorney General Jerry Brown that certain fundamental rights, including the right to marry, are inalienable and can not be put up for a popular vote. The brief also argues again in agreement with the Attorney General that Proposition 8 cannot be applied to invalidate existing marriages because new laws and amendments are presumed to apply only on a prospective basis.
"If Prop 8 is permitted to stand, it would be the first time an initiative has successfully been used to change the California Constitution to take way an existing right only from a historically targeted minority group," said NCLR Legal Director Shannon Minter. "Such a change would defeat the very purpose of a constitution and fundamentally alter the role of the courts in protecting minority rights."
