Posted by
TheChair on Monday, November 10, 2008 4:11:12 AM
As expected, Prop. 8 opponents, a.k.a., gay marriage advocates filed suit immediately after the People amended their state constitution defining marriage as between a man and a woman. There appear to be at least three major lawsuits. I intend to study the legal briefs involved and to comment on them as the litigation unfolds. But right now it's important to link to some sources so that those who care can follow along.
- Unpacking the Challenges to Prop. 8: A Q&A With USC’s David Cruz [Wall Street Journal Q&A with a law professor]
- ACLU's Announcement of its lawsuit to overturn Prop. 8 [ACLU is only one of several combined parties challenging Prop. 8, including National Center for Lesbian Rights, Lambda Legal Defense and Education Fund, and others.]
- Gay Rights Backers file 3 Lawsuits... LA Times article Nov. 6, 2008, reporting the three major lawsuits against Prop. 8. [Note the various law professor comments.]
- Strauss v. Horton: Petition for Writ and brief in support [this is the main document in the first case challenging Prop. 8 in front of the California Supreme Court. Follow case developments in Strauss v. Horton, here, at the California Supreme Court's website.]
- San Francisco v. Horton: Petition for Writ and brief in support [this links to San Francisco's press release combined with the court brief for the second, combined lawsuit against Prop. 8, joining San Franscisco City and County, Santa Clara County and the City of Los Angeles in opposition to Prop. 8. Follow case developments in San Francisco v. Horton, here, at the California Supreme Court's website.]
- Tyler v. California: Petition for Writ and brief in support [this is the brief for the third lawsuit. Gloria Allred is the attorney for a lesbian couple, Tyler and Olson. Follow case developments here.]
- Prof. Bainbridge's analysis
- Volokh Conspiracy [libertarian-leaning legal blog]
- Analysis at Mormonlawyers.com [check out the home page... there are lots of blogs on the aftermath of Prop. 8, not just legal developments]
- Gay Married Couples Face Legal Limbo... LA Times article, Oct. 30, 2008 [Read the part about NYU law professor Kenji Yoshino's thoughts. He supports same-sex marriage, but found that the U.S. Constitution offers no due process protection against retroactive application of Prop. 8 to the summer-of-2008 same-sex California marriages.]
- Jerry Brown's post-election statement that he will defend Prop. 8 before the California Supreme Court, but also that he would defend those gay marriages already in place. [There is little reason to believe he will do the former properly and every reason to believe he will do the latter.]
- UPDATE 11/10/08. Campaign for California Families Motion to Intervene [This is one of three Yes-on-8 briefs asking permission for the Yes Campaign to participate in the litigation as original an original party. If the Court grants this motion, Yes on 8 voters will not have to place all their hopes in an Attorney General who once tried to sabotage the Amendment, and whose enthusiasm to defend it now is lukewarm at best. The Campaign's lawyers will be able to brief the case and argue on their own. The Campaign will make the very best arguments.]