Main | Wednesday, February 16, 2011

Prop 8 Reactions

Lambda Legal
"Because the federal appeals judges said they need clarification, we look forward to a decision by the California Supreme Court confirming that initiative proponents lack legal standing to continue the Perry case. They are not law enforcers, and have the same limited rights as everyone else to litigate only when their own rights are at stake, not merely to assert their opinions about others' rights." Initiative proponents also cannot step into the shoes of the attorney general, the governor or other state officials. The reason for this is basic: the governor and attorney general are elected by the people to represent all the people, not just one point of view on one issue, out of countless, competing concerns. Most importantly, state officials swear an oath to uphold the federal and state constitutions, including their abiding promises of equal protection and due process for everyone. Initiative proponents take no such oath, and have no such duties.
AFER
“More than six months ago, the federal district court declared unequivocally that Prop. 8 is unconstitutional and that it causes grave harm to gay and lesbian couples and their families each day that it is in effect. We look forward to assisting the California Supreme Court reach an answer to the question before them so that the 9th Circuit Court of Appeals can affirm the district court’s ruling and end the state-sanctioned discrimination of Prop. 8. The American Foundation for Equal Rights is committed to achieving the freedom to marry for all Americans. We look forward to taking this case to the U.S. Supreme Court, which 14 times before has declared that marriage is a fundamental right for every American.”
NCLR
For same-sex couples waiting to marry, and for all LGBT Californians waiting to be treated as equal citizens, the knowledge that they must endure further delay is incredibly painful and frustrating. Prop 8 should never have been permitted on the ballot. The rights of a minority should never be put to a popular vote. Prop 8 was a toxic, anti-democratic measure that continues to wreak havoc in the lives of real people and families. The court should move as quickly as possible to resolve this issue. It is clear that California law does not give initiative proponents the power to override elected state officials who have decided not to appeal a federal court decision holding that a challenged state law is unconstitutional. The California Supreme Court should rule accordingly, and the Ninth Circuit should affirm Judge Walker's ruling. Prop 8 is blatantly unconstitutional, and it is past time for it to be gone.
Equality California
For same-sex couples waiting to marry, and for all LGBT Californians waiting to be treated as equal citizens, the knowledge that they must endure further delay is incredibly painful and frustrating. Prop 8 should never have been permitted on the ballot. The rights of a minority should never be put to a popular vote. Prop 8 was a toxic, anti-democratic measure that continues to wreak havoc in the lives of real people and families. The court should move as quickly as possible to resolve this issue. It is clear that California law does not give initiative proponents the power to override elected state officials who have decided not to appeal a federal court decision holding that a challenged state law is unconstitutional. The California Supreme Court should rule accordingly, and the Ninth Circuit should affirm Judge Walker's ruling. Prop 8 is blatantly unconstitutional, and it is past time for it to be gone.
Courage Campaign
“Today’s California Supreme Court ruling does not change the fact that a federal court has ruled Proposition 8 unconstitutional, but it does mean that thousands of loving LGBT families remain in legal limbo---unable to exercise their constitutional right to access the security and recognition that only comes with marriage. It is unfortunate that while many California families are able to marry at a time and place of their choosing, equally loving LGBT families must endure months and years of legal uncertainty. They have waited long enough. That is why we are asking the California Supreme Court to move expeditiously to resolve the standing question once and for all. And we are confident that no matter what their decision, Judge Walker’s ruling will ultimately be upheld and the days of second class citizenship for thousands of California families will be relegated to the dustbin of history.”

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