sws4420
11-05-2008, 07:01 PM
Ask state court to invalidate voter-approved measure in Calif.
http://msnbcmedia4.msn.com/j/MSNBC/Components/Photo/_new/081105-proposition-8-hmed-yes-10a.hmedium.jpg
Gay-rights advocates went to court Wednesday to press for same-sex marriages a day after California voters dealt them a stunning setback by approving a ban on such unions.
The constitutional amendment approved Tuesday will limit marriage to heterosexual couples, the first time such a vote has taken place in a state where gay unions are legal.
It overturns a recent state Supreme Court decision that gave gay couples the right to wed just months ago.
Three legal groups filed a petition Wednesday asking the state Supreme Court to invalidate Proposition 8 on the grounds that voters did not have the authority to make such a dramatic change in state law. The petition argues that the measure revised, rather than amended the state Constitution, and therefore first should have been submitted to the state Legislature.
It was filed on behalf of Equality California and six same-sex couples who did not marry before Tuesday’s election but would like to be able to marry now.
Gay-rights advocates say the fight is only beginning.
"We pick ourselves up and trudge on," Kate Kendell, executive director of the National Center for Lesbian Rights, said early Wednesday when it appeared Proposition 8 was headed for passage. "There has been enormous movement in favor of full equality in eight short years. That is the direction this is heading, and if it's not today or it's not tomorrow, it will be soon."
"Star Trek" actor George Takei, who married his longtime boyfriend Brad Altman on Sept. 14, said the fight is only beginning. He added that "this may be the basis for taking it to the Supreme Court of the United States."
Altman said no matter what happens, he'll never take off his wedding ring. He said his relationship with Takei will "live long and prosper."
Costly campaign
Proposition 8 backers rejoiced.
"People believe in the institution of marriage," said Frank Schubert, co-manager of the Yes on 8 campaign. "It's one institution that crosses ethnic divides, that crosses partisan divides. ... People have stood up because they care about marriage and they care a great deal."
"This is a great day for marriage. The people of California stood up for traditional marriage and reclaimed this great institution," said Ron Prentice, chairman of ProtectMarriage.com — Yes on 8. "We are gratified that voters chose to protect traditional marriage and to enshrine its importance in the state constitution. We trust that this decision will be respected by all Californians."
With almost all precincts reporting, election returns showed the measure winning with 52 percent. Some provisional and absentee ballots remained to be tallied, but based on trends and the locations of the votes still outstanding, the margin of support in favor of the initiative was secure.
Exit polls for The Associated Press found that Proposition 8 received critical support from black voters who flocked to the polls to support Barack Obama for president. Blacks voted strongly in favor of the ban, while whites narrowly opposed it and Latinos and Asians were split.
Amendments to ban gay marriage were also approved in Arizona and Florida — but such unions in those states were never legal.
Similar bans had prevailed in 27 states before Tuesday's elections, but none were in California's situation. About 18,000 gay couples, many of them from other states, married in California since the state Supreme Court ruling in May that overturned a 2000 ban. The state attorney general, Jerry Brown, has said those marriages will remain valid, although legal experts have said it will have to be resolved in court whether existing gay marriages would be nullified.
Spending for and against the amendment reached $74 million, making it the most expensive social-issues campaign in U.S. history and the most expensive campaign this year outside the race for the White House.
http://www.msnbc.msn.com/id/27557521/
http://msnbcmedia4.msn.com/j/MSNBC/Components/Photo/_new/081105-proposition-8-hmed-yes-10a.hmedium.jpg
Gay-rights advocates went to court Wednesday to press for same-sex marriages a day after California voters dealt them a stunning setback by approving a ban on such unions.
The constitutional amendment approved Tuesday will limit marriage to heterosexual couples, the first time such a vote has taken place in a state where gay unions are legal.
It overturns a recent state Supreme Court decision that gave gay couples the right to wed just months ago.
Three legal groups filed a petition Wednesday asking the state Supreme Court to invalidate Proposition 8 on the grounds that voters did not have the authority to make such a dramatic change in state law. The petition argues that the measure revised, rather than amended the state Constitution, and therefore first should have been submitted to the state Legislature.
It was filed on behalf of Equality California and six same-sex couples who did not marry before Tuesday’s election but would like to be able to marry now.
Gay-rights advocates say the fight is only beginning.
"We pick ourselves up and trudge on," Kate Kendell, executive director of the National Center for Lesbian Rights, said early Wednesday when it appeared Proposition 8 was headed for passage. "There has been enormous movement in favor of full equality in eight short years. That is the direction this is heading, and if it's not today or it's not tomorrow, it will be soon."
"Star Trek" actor George Takei, who married his longtime boyfriend Brad Altman on Sept. 14, said the fight is only beginning. He added that "this may be the basis for taking it to the Supreme Court of the United States."
Altman said no matter what happens, he'll never take off his wedding ring. He said his relationship with Takei will "live long and prosper."
Costly campaign
Proposition 8 backers rejoiced.
"People believe in the institution of marriage," said Frank Schubert, co-manager of the Yes on 8 campaign. "It's one institution that crosses ethnic divides, that crosses partisan divides. ... People have stood up because they care about marriage and they care a great deal."
"This is a great day for marriage. The people of California stood up for traditional marriage and reclaimed this great institution," said Ron Prentice, chairman of ProtectMarriage.com — Yes on 8. "We are gratified that voters chose to protect traditional marriage and to enshrine its importance in the state constitution. We trust that this decision will be respected by all Californians."
With almost all precincts reporting, election returns showed the measure winning with 52 percent. Some provisional and absentee ballots remained to be tallied, but based on trends and the locations of the votes still outstanding, the margin of support in favor of the initiative was secure.
Exit polls for The Associated Press found that Proposition 8 received critical support from black voters who flocked to the polls to support Barack Obama for president. Blacks voted strongly in favor of the ban, while whites narrowly opposed it and Latinos and Asians were split.
Amendments to ban gay marriage were also approved in Arizona and Florida — but such unions in those states were never legal.
Similar bans had prevailed in 27 states before Tuesday's elections, but none were in California's situation. About 18,000 gay couples, many of them from other states, married in California since the state Supreme Court ruling in May that overturned a 2000 ban. The state attorney general, Jerry Brown, has said those marriages will remain valid, although legal experts have said it will have to be resolved in court whether existing gay marriages would be nullified.
Spending for and against the amendment reached $74 million, making it the most expensive social-issues campaign in U.S. history and the most expensive campaign this year outside the race for the White House.
http://www.msnbc.msn.com/id/27557521/