Already the ACLU has filed a class action lawsuit to overturn the fuckwitted Prop 8. To show you folks just how red my county of Kern is...over 75% of the voters here voted yes on Prop 8.
I hate homophobic rednecks. From the LAT:
The first action was filed by the ACLU, the National Center for Lesbian Rights and Lambda Legal. Santa Clara County and the cities of San Francisco and Los Angeles also sued, and Los Angeles lawyer Gloria Allred filed a third suit on behalf of a married lesbian couple.
All the lawsuits cited the constitutional revision argument, and two of them asked the court to block Proposition 8 from taking effect while the legal cases were pending.
Already, county's are refusing to allow gay couples to wed, even though the Prop hasn't been put into the state constitution yet. Assholes...
It is going to be a long hard climb to overturn this bullshit amendment. Again from the LAT:
The state high court has twice before struck down ballot measures as illegal constitutional revisions, but those initiatives involved "a broader scope of changes," said former California Supreme Court Justice Joseph Grodin, who publicly opposed Proposition 8 and was part of an earlier legal challenge to it. The court has suggested that a revision may be distinguished from an amendment by the breadth and the nature of the change, Grodin said
Still, Grodin said, he believes that the challenge has legal merit, though he declined to make any predictions. Santa Clara University law professor Gerald Uelmen called the case "a stretch."
UC Irvine Law School Dean Erwin Chemerinsky said his research found too little case law on constitutional revisions to predict how the state high court might resolve the question.
"There is very little law about what can be done by amendment as opposed to revision," he said.
Jennifer Pizer, a staff lawyer for Lambda Legal, said the initiative met the test of a revision because it had far-reaching magnitude.
"The magnitude here is that you are effectively rendering equal protection a nullity if a simple majority can so easily carve an exception into it," she said. "Equal protection is supposed to prevent the targeting and subjugation of a minority group by a simple majority vote."
I hope and pray that the powers of good will win out over the power of evil..and the senseless Theocrats that support this heinous circumventing of equal protection under the law.
