Yesterday, the California Supreme Court began hearing arguments in the case challenging Proposition 8, which was passed by a majority of California voters in the November elections. The case was brought by two groups of same-sex couples and by a group of local governments including San Francisco. It centers on the idea that although the measure was drafted as a constitutional amendment, it actually goes beyond the rights of voters by denying a fundamental right granted by the court to a traditionally marginalized group.

The plaintiffs contend that Prop 8 not only changes the California State Constitution, but violates its core principle of equality and thus constitutes a revision to the constitution rather than an amendment. In order to revise the constitution, California requires a two-thirds vote of the State Legislature or the approval of delegates to a constitutional convention. The outcome of the case will also determine the fate of 18,000 same sex marriages that occurred legally between May and November of 2008.

So far, according to an article from the San Francisco Chronicle, the court seems likely to uphold Proposition 8 but also to specify that couples who were legally married before the passage of Prop 8 will remain so. As quoted by the Chronicle, Therese Stewart, the chief deputy city attorney in San Francisco states, “A guarantee of equality that is subject to exceptions by the majority is no guarantee at all”.

The Unitarian Universalist Association filed an amicus curiae brief (PDF, 56 pages) with the California Supreme Court on January 14, 2009, asking the court to invalidate Proposition 8 as it poses a severe threat to the guarantee of equal protection for all and was not enacted through the constitutionally required process for such a dramatic change to the California Constitution. Click here to read more about Unitarian Universalist advocacy for marriage equality

The Unitarian Universalist Legislative Ministry of Califorina continues to have a huge impact in the state’s struggle for marriage equality. The court’s ruling is due within 90 days, which coincides with many Gay Pride celebrations across the U.S. and worldwide. We hope that same sex couples and advocates of marriage equality will indeed have something to celebrate.

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Orelia Busch



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