November’s California ballot initiative, Prop 8, has been making headlines all over the nation, sparking controversy over the issue of same-sex marriage for months. In May of 2008, the California Supreme Court deemed a pre-existing ban on same-sex marriage unconstitutional and granted same-sex couples the right to marry. Thousands of couples who had waited years for this day rushed to the altar. To the dismay of millions, marriage equality in California didn’t last for long. A mere five months later, on Nov. 4, Prop 8 passed with 52% of the vote, restricting the definition of marriage to a union between one man and one woman, effectively taking the right to marry away from same sex couples in the state.
As devastating as the passage of Prop 8 was, equal rights advocates wasted no time in the fight to win back marriage equality. On Nov. 5th, The National Center for Lesbian Rights, Lambda Legal and the ACLU filed a petition to overturn Prop 8 on behalf of Equality California and six same-sex couples who are not yet married. On the same day, the Cities and Counties of San Francisco, Santa Clara and Los Angeles, and a private attorney, filed two additional challenges to Prop 8. Since then, 60 friend of the court briefings in support of overturning Prop 8 have been filed; one by yours truly, The Feminist Majority Foundation. And now, the long-awaited hearing date is finally here! The California Supreme Court will be hearing the case tomorrow – Thursday, March 5. A decision will be issued within 90 days.
Arguments to overturn Prop 8 hinge on the Court’s duty to protect minority rights from a simple majority vote, and more specifically, on constitutional technicalities that differentiate an amendment from a revision. Anti-Prop 8 backers will be making the case that by assaulting and successfully eliminating rights that were previously guaranteed by the CA Constitution, Prop 8 was not just an amendment, but was actually a revision to the Constitution, in that it changed an integral part of its composition. A constitutional revision can only be placed on the ballot by a two-thirds legislative vote and Prop 8 did not go about obtaining this. Prop 8 would therefore be invalid.
The anti-Prop 8 forces mentioned above have been joined by Gov. Arnold Schwarzenegger, both houses of the Legislature, and Attorney General Jerry Brown, who will not be assuming his duty of defending the Proposition in court tomorrow, but will actually be advocating against it. The defense for Prop 8 is led by Kenneth Starr, representing Protect Marriage, the initial sponsor of Prop 8. The majority of media attention and speculation is centering around the histories, past views and voting trends of the seven California Supreme Court justices. The questions they ask throughout the hearing are said to be key indicators of how they’ll end up voting. To watch for yourself, check out the live webcast of the hearing, from 9am – 12pm PST, tomorrow, Thurs. May 5, at www.calchannel.com.
And, most importantly, show your solidarity no matter where you are!! Today, on the eve of the hearing, there are solidarity marches happening all over California. To find one near you, visit www.eveofjustice.com. Tomorrow, show your support for marriage equality through a t-shirt, button, armband or sticker. Spread awareness of the issues at stake and the discrimination same-sex couples and LGBT communities continue to face in our society by sparking a conversation in your classes, dorm, or circle of friends, tabling on your campus during lunch hour, or hosting a speak out, open mic, or poetry slam for all to attend.
The Feminist Majority Foundation is a proud supporter of Gay-Straight Alliances, LGBT and Queer Student Groups and Resource Centers on college campuses across the nation and stands in solidarity with the formation of the GSA at Los Angeles City College. For resources or information on how to get involved on your campus, contact your FMF Campus Organizer.
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