Prop 8 opponents challenge vote – UPDATED

by on November 17, 2008  •  In Elections, Marriage

UPDATE 11/17: The CA Attorney General's office filed a response  to the petitions pending in the CA Supreme Court challenging Prop 8. The AG's office urged the court to take the case and to resolve it quickly, but not to issue a stay barring the election results from taking effect.

The challenge to Prop 8 will be on the court's conference calendar this Wednesday the 19th. It is possible that the court will issue an order soon after the conference in which it agrees or declines to consider the case.

Last week, several other parties filed writs challenging Prop 8 on essentially the same grounds as the original petitioners (see below), including the City and County of San Francisco  and a coalition of civil rights groups representing communities for whom suspect class status has been granted under state law. All of the litigation documents are available on the California Supreme Court website.


ORIGINAL POST:  LGBT rights advocacy groups filed suit to block enforcement of the constitutional amendment barring same-sex marriage that CA voters adopted on Tuesday.  Knowing that the vote would be close, No on 8 lawyers had prepared the petition in advance. The basis for the challenge is a provision of CA state law that requires that a change to the state constitution which is significant enough to amount to a revision, rather than an amendment, be approved first by the legislature.  They argue that Prop 8 amounts to a revision. This is the same argument they used in challenging Prop 8 before the vote.  The court then refused to stop the election from going forward by granting an injunction, but did not preclude the groups from seeking relief after the vote.

I don't know CA law well enough to opine as to the likelihood of success. The move strikes me as good lawyering and unappealing politics, but the best of the not good options available.


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