Prop 8 Invalid? Sue Me.

california-resultsmap_prop8Proposition 8 Wins!

The ink is not even dry and already the lawsuits begin.  Have you noticed a trend here?  Can’t abide the will of the people… SUE to get what you want.  I don’t think that’s a good way to make friends and increase tolerance, but they’re welcome to try.

Statement By Andrew Pugno, General Counsel of – Yes on 8

November 05, 2008
Contact: (916) 608-3065
By Andy Pugno

“The lawsuit filed today by the ACLU and Equality California seeking to invalidate the decision of California voters to enshrine traditional marriage in California’s constitution is frivolous and regrettable. These same groups filed an identical case with the California Supreme Court months ago, which was summarily dismissed. We will vigorously defend the People’s decision to enact Proposition 8.

This is the second time that California voters have acted to define marriage as between a man and a woman. It is time that the opponents of traditional marriage respect the voters’ decision.

The ACLU/Equality California lawsuit is completely lacking in merit. It is as if their campaign just spent $40 million on a losing campaign opposing something they now say is a legal nullity. Their position is absurd, an insult to California voters and an attack on the initiative process itself.

The right to amend California’s Constitution is not granted to the People, it is reserved by the People. The Supreme Court has repeatedly acknowledged the reserved power of the People to use the initiative process to amend the Constitution. For example, when the Rose Bird Court struck down the death penalty as a violation of fundamental state constitutional rights, the People disagreed, and in the exercise of their sovereign power reversed that interpretation of their Constitution through the initiative-amendment process. Even a liberal jurist who vehemently disagreed with the People’s decision on the death penalty, Justice Stanley Mosk, nevertheless acknowledged the People’s authority to decide the issue through the initiative-amendment process.

It should also be noted that the ACLU recently made this same “constitutional revision” claim in a nearly identical matter in Oregon and it was unanimously rejected. The claim was made under almost identical provisions of the Oregon State Constitution, against an almost identical voter constitutional amendment which read, “…only a marriage between one man and one woman shall be valid or legally recognized as a marriage.” The Court of Appeals of Oregon unanimously rejected the ACLU’s “revision” claim. (Martinez v. Kulongoski (May 21, 2008) — P.3d—-, 220 Or.App. 142, 2008 WL2120516).

The coalition that has worked so hard for the past year to enact Proposition 8 will vigorously defend the People’s decision against this unfortunate challenge by groups who, having lost in the court of public opinion, now turn to courts of law to pursue their agenda.”

SF City Attorney to file legal challenge to Prop 8

SAN FRANCISCO – The San Francisco City Attorney’s office says he plans to challenge the validity of a ballot measure that would change the state constitution to ban gay marriage.

Spokesman Matt Dorsey says City Attorney Dennis Herrera will file the legal challenge in the California Supreme Court if the measure passes.

With 95 percent of precincts reporting, Proposition 8 is leading with 52 percent of the vote. But there are still as many as 3 million ballots left to be counted.

The first lesbian couple to be married in Los Angeles County after the Supreme Court threw out the gay marriage ban also plans to announce a lawsuit against Proposition 8. Attorney Gloria Allred says that lawsuit will argue that the measure is unconstitutional.



  1. Joey said,

    November 5, 2008 at 8:59 pm

    I love your website!! Thank you so much for keeping up the fight, and providing resources for people in the local community like me.
    Here’s a video I made “Postmodern reasons to vote YES on Prop 8”
    This reasoning has helped to show my liberal friends that Prop 8 isn’t just about taking away people’s rights. It’s about respecting the pre-existing right of others to define their own terms.

  2. Joey said,

    November 5, 2008 at 9:00 pm

  3. californiacrusader said,

    November 5, 2008 at 9:36 pm

    Thanks for keeping us updated! I’m so worn out by the campaign that I haven’t had the energy to post to my blog. Hopefully these frivolous lawsuits will be rejected. But, if not, I’ll be back blogging at a moment’s notice! Let me know!

  4. November 5, 2008 at 9:47 pm

    […] Challenges to Prop 8 […]

  5. Heather said,

    November 5, 2008 at 9:53 pm

    I want to thank you so much for your website. You have so much valuable information and have continued to post information even after the vote is over. Thank you for all of your efforts and hard work. It is great to see how many people feel the same way I do about this issue. We are not in this fight alone.

    Until next time… (and it looks like it is coming soon!!!)

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