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‘Prop 8 creates a situation in California where anyone could put a measure on the ballot to eliminate fundamental rights of many, many groups,’ said Kate Kendell, a member of the ‘No on 8’ executive committee. (Photo by Jeff Chiu/AP)




MORE FROM THIS AUTHOR
CHRIS JOHNSON


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Prop 8 protest
Nov. 15, 1:30 p.m.
U.S. Capitol
jointheimpact.com





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NATIONAL

‘Never give up’
Protesters hit the streets as Prop 8 challenged in court

CHRIS JOHNSON
Friday, November 14, 2008

The passage of Proposition 8 banning same-sex marriage in California has sparked a national firestorm leading to protests in several cities where thousands of people have expressed their anger over the elimination of marriage rights in the Golden State.

After the measure passed last week, protesters came together Nov. 5 in West Hollywood, the gay neighborhood of Los Angeles, blocking traffic. Other protests followed there over the weekend and in San Diego and San Francisco.

More than 2,000 protesters also gathered in Salt Lake City on Nov. 7 to protest the Mormon church’s efforts in passing the initiative, which included an estimated $20 million in donations in support of the amendment.

Protests also were planned in New York City on Wednesday and in Washington on Saturday.
Robin Tyler, who with her partner, Diane Olson, was the first gay person married in Los Angeles, participated in several protests. She said she appreciated being able “to hug people that we’ve fought this battle for and finally being able to connect with our own people.”

“It was terrific to see our community acting like a civil rights movement,” she said.

But with the enthusiasm came anger directed toward the large percentage of black voters who supported the initiative, the Mormon church for supporting it and gay leaders who failed to stop the initiative from becoming part of the California Constitution.

As a result of the passage of Proposition 8, which was approved by 52 percent of state voters, city halls stopped issuing marriage licenses to gay couples Nov. 5 and the marriages of 18,000 gay couples have been put in legal jeopardy.

The Associated Press also reported that religious groups were “energized by a comeback win” and plan to employ the same tactics used in California to stop same-sex marriage from happening in New Jersey and New York, where the state legislatures are being lobbied to pass bills granting marriage rights to gay couples.

Petitions filed with Calif. Supreme Court


In the aftermath of Election Day, a number of organizations filed lawsuits against Prop 8 in an attempt to get the courts to reject the measure.

Attorneys for Los Angeles, San Francisco and Santa Clara County joined in filing a petition for a writ of mandate with the California Supreme Court to invalidate Prop 8.

Tyler and Olson filed their own lawsuit Nov. 5. The American Civil Liberties Union, Lambda Legal and the National Center for Lesbian Rights filed another petition with the high court Nov. 5.

For the petition from the activist organizations, opponents of Prop 8 argue that the measure is such a significant change to the state constitution that it should be considered a “revision” and not an “amendment,” thus requiring approval from two-thirds of the state legislature.

Kate Kendell, executive director of the National Center for Lesbian Rights and a member of the “No on 8” executive committee, said the plaintiffs are “only asking that amendments that seek to deprive a suspect class of a fundamental right be put in that (revision) category — a category that is off-limits to popular vote.”

The lawsuit is similar to a petition that gay activist groups filed with the California Supreme Court in June in an attempt to keep Prop 8 off the ballot. The court denied the petition without offering an opinion on its merits.

Kendell said there was “no doubt that the chances of success on our claims is much, much stronger than pre-election.”

“Prop 8 creates a situation in California where anyone could put a measure on the ballot to eliminate fundamental rights of many, many groups,” she said. “There’s a lot of people who could engage in a lot of mischief that perverts the initiative process and really turns the constitution into a document no more significant than a comic book.”

Kendell she said expected the California Supreme Court would consolidate the three petitions into one lawsuit.

She noted the earliest time that justices could take up the lawsuit is next week, but her “best guess” for when the court would take up the matter is within three weeks.

She said it was “not advisable at this point” to file a federal lawsuit over Proposition 8 because the California Supreme Court already established constitutional protections for gay people and the U.S. Supreme Court “is not in that place.”

When asked about the possibility of calling a constitutional convention to eliminate Prop 8, Kendell said she didn’t know “technically if that would be right process or an advisable process.”

When asked if there were any plans to get another initiative on the ballot in 2010 that could eliminate Prop 8, Kendell said that, “all options are being discussed.”

Some California political leaders have shown continued willingness to fight against Prop 8 even after its passage.

California Gov. Arnold Schwarz-enegger, a Republican, told CNN on Monday that supporters of same-sex marriage “should never give up” and the state Supreme Court will “maybe undo” the measure.

“I learn the messages from lifting weights,” he said. “Sometimes I try to lift the weight 10 times and I failed, but the 11th time I lifted it. So I learned that you should never ever give up. And I think it’s the same with this issue.”

U.S. House Speaker Nancy Pelosi, who represents San Francisco, issued a statement Nov. 6 saying she was “deeply disappointed by the passage of Proposition 8” because it “takes away individual rights and freedoms, and is rooted in the politics of division.”

“The passage of this measure diminishes the California Constitution,” she said. “I strongly support the legal challenges underway to halt this dangerous revision of our state Constitution.”

Activists criticize ‘No on 8’ campaign

Despite the failure of the “No on 8” campaign, Kendell said she felt “proud and some measure of peace believing that very, very talented and good people did really everything we could ...

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The following comments were posted by our readers and were not edited by the Washington Blade.  We ask that you treat others with respect; any post deemed offensive will be removed.

rpcv84 on 11/17/08  6:44 PM:
LatinVoice: I support you wholeheartedly. Don't let ReasonableDoubt's bitter, mean, evil-sounding note adversely affect your reasoning or spirit. You're absolutely correct with what you wrote. ReasonableDoubt should be grateful for all he/she's got in the US; s/he should live for a while in a country, such as Morocco where I did for 3 years, where gays had NO PLACE at the table, are harrassed, and their sexual activities are illegal. ReasonableDoubt should try living elsewhere, and then he/she'd be glad for what s/he has here in the US. Hold your ground, LatinVoice.
ReasonableDoubt on 11/17/08  4:49 PM:
LatinVoice: You write "Yes, we deserve respect and opportunities to grow in good," but then spend the rest of your words trashing every bit of the gay community through your own warped perspective. You are the typical self-hating fag, lamenting the "sins" of every other gay person, while claiming yourself to be morally superior. Here's a hint: We don't care what you think, and we will win our rights with or without you.
LatinVoice on 11/15/08  1:53 PM:
Moreover, the gay communities are found is large cities where they tend to segregate themselves from the rest of the world. Within those areas, we see gays segregating other gay sub-groups based on race, ethnicity, age and economical status. It is a dysfunctional social group that has taken their sexual preference to a political and humanistic level that distorted values in society. The backbone of society is the family (mother/father) and we have to protect it because we come from a family. We would not be in this world otherwise. Yes, we deserve respect and opportunites to grow in good.
LatinVoice on 11/15/08  1:34 PM:
As a homosexual in Miami, I voted Yes for the ban. What is the percentage of gay people in committed relationships? I see no need for marriage between gays as they are less likely to compromise in a relationship. Their values are skewed by superficially and vanity until they reach senility and it is then when they go desperate looking to pair with someone to avoid painful loneliness. The arrogance is too big. Gay couples split over ridiculous issues. They’re more prone on cheating and there is a great chance a lot of “foreign” boys are going wed for immigration paper only. It's not OK.

 

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