By upholding Prop 8, the Court has diminished its legacy as a champion of equality
The California Supreme Court today in a 6-1 vote upheld Prop. 8, the ballot measure discriminating against marriage by same-sex couples.
We are relieved the Court protected couples who married before November 5. The presence of thousands of married same-sex couples across California will show those who don’t yet know us that marriage strengthens families and communities and threatens no one.
But by upholding Prop 8, the Court has diminished its legacy as a champion of equality. No minority group should have to defend its right to equality at the ballot. The Court’s decision jeopardizes every minority group in California.
“As a racial justice organization, the Equal Justice Society opposes Prop. 8 – not only because it’s the right thing to do, but also because EJS strongly believes in working with others to ensure that the rights of all are expanded, rather than diminished, in our society,” said EJS President Eva Paterson in a previous statement on the issue. Eva participated this morning in a press conference in opposition to Prop. 8.
“We cannot just pigeonhole Prop. 8 as a ‘gay’ issue. By rolling back the fundamental rights of one group, Prop. 8 casts a threat that now looms over the civil rights of all.”
Because the Court upheld Prop 8, it is now crystal clear that we must go back to the ballot, and we are going to win.
Since the vote on Prop 8, there has been a tidal wave of momentum in favor of full equality. Five states now embrace marriage equality for same-sex couples, and several more are on the brink. We believe that California voters will reverse this injustice at the ballot. California has been a leader in standing up for equality, and it will be again.
Banning same-sex couples from marriage is unfair. Same-sex couples have the same hopes, dreams and concerns for their families as everyone else. They should be allowed the dignity, recognition, and responsibility that come with marriage, just like everyone else.
EJS, Civil Rights Groups File Brief Asking Calif. Supreme Court to Invalidate Prop. 8
The Equal Justice Society joined other civil rights groups today in filing an amicus brief (PDF) with the California Supreme Court to invalidate Proposition 8 because it would mandate discrimination against a minority group and did not follow the process required for fundamental revisions to the California Constitution.
In the amicus brief, the Asian Pacific American Legal Center, Mexican American Legal Defense and Educational Fund, Equal Justice Society, California NAACP and the NAACP Legal Defense and Educational Fund, Inc. argue that minority communities cannot be stripped of their fundamental rights by a simple majority vote.
“We would be making a grave mistake to view Proposition 8 as just affecting the LGBT community,” said Eva Paterson, president of the Equal Justice Society. “If the Supreme Court allows Proposition 8 to take effect, it would represent a threat to the rights of people of color and all minorities.”
On Nov. 14, the same groups filed a writ petition with the California Supreme Court to stop the enactment of Proposition 8, but the California Supreme Court on Nov. 20 deferred action on that petition, and invited the petitioners to file an amicus curiae brief.
Download a copy of the amicus brief filed today.
Civil Rights Groups Ask California Supreme Court to Stop Prop. 8
Civil rights groups on Nov. 14 filed a petition (PDF) with the California Supreme Court to stop the enactment of Proposition 8 because it would mandate discrimination against a minority group and did not follow the process required for fundamental revisions to the California Constitution.
In the petition, the Asian Pacific American Legal Center, Mexican American Legal Defense and Educational Fund, Equal Justice Society, California NAACP and the NAACP Legal Defense and Educational Fund, Inc. argue that in order to protect the fundamental rights of all Californians, a higher standard is required to overturn the right to marry. Minority communities cannot be stripped of their fundamental rights by a simple majority vote.
“We would be making a grave mistake to view Proposition 8 as just affecting the LGBT community,” said Eva Paterson, president of the Equal Justice Society. “If the Supreme Court allows Proposition 8 to take effect, it would represent a threat to the rights of people of color and all minorities.”
