California Same-Sex Marriage Ban Faces Three
Lawsuits
USA Today
By Janet Kornblum
November 6, 2008
SAN FRANCISCO — Defenders of same-sex marriage filed
three lawsuits Wednesday challenging California
voters' passage of a constitutional amendment
banning it.
Proposition 8, defining marriage as the union of
a man and a woman, was approved by 52% of 10.2
million votes counted. Three million absentee
ballots are uncounted or unreturned.
The "No on 8" campaign did not concede, even
though spokeswoman Kate Kandell said the absentee
count is "highly unlikely" to change the outcome.
BEHIND THE RESULTS: Time-lapse view of U.S.
counties INITIATIVES: Referenda on statewide ballots
SIGHTS AND SOUNDS: Obama's historic win
Arizona and Florida passed similar measures.
In California, the amendment came after gay
marriage became legal in a state Supreme Court
ruling May 15. The court said a ban was
discriminatory and violated the state constitution.
Since then, 18,000 gay couples have wed in
California, according to the Williams Institute at
UCLA School of Law.
Andrew Pugno, general counsel for the "Yes on 8"
campaign, said his group does not plan to challenge
the legality of those marriages, but he expects them
to end up in court. Jenny Pizer, senior counsel with
Lambda Legal, a gay rights group, said they would
still be valid.
The American Civil Liberties Union, Lambda Legal
and the National Center for Lesbian Rights filed one
suit. A statement by Lambda said "the initiative
process was improperly used in an attempt to undo
the constitution's core commitment to equality for
everyone by eliminating a fundamental right from
just one group — lesbian and gay Californians."
The counties of San Francisco, Los Angeles and
Santa Clara filed a joint lawsuit. Civil rights
attorney Gloria Allred filed one on behalf of
lesbian clients married in Los Angeles.
Pugno called the suits "desperate." He said, "I
am amazed at their disrespect for the will of the
people."
Pizer said the lawsuits are necessary to protect
the rights of minorities. "The point of equal
protection is that everybody is supposed to have the
same rights, and minorities are protected against a
majority that would abuse the minority."
On other top issues on state ballots Tuesday:
• Efforts to limit or ban abortion failed in
three states. Californians rejected a measure
requiring parental notification for a minor's
abortion. South Dakotans rejected a ban on most
abortions. Coloradoans defeated a proposal that
would have defined "personhood" as starting with
fertilization.
• Embryonic stem cell research got a nod in
Michigan, which repealed a ban.
• Animal rights were embraced in California.
Voters supported a requirement that farms give
egg-laying hens, pregnant pigs and calves enough
room to turn around, lie down, stand up and fully
extend their limbs.
• Physician-assisted suicide was approved in
Washington, making it the second state, after
Oregon, to allow terminally ill patients to obtain
lethal prescription drugs.
