Friend-of-the-court briefs were filed Jan. 21 by petitioners and respondents in the lawsuits challenging Proposition 8. The briefs were filed by the National Center for Lesbian Rights, Lambda Legal and the American Civil Liberties Union in conjunction with the more than 60 previously filed amicus briefs.
Meanwhile, those with a stake in the outcome of Prop 8 met Jan. 24 to discuss and strategize about its past and future during an Equality Summit at the Los Angeles Convention Center.
The amicus briefs highlight the breadth of support for petitioners’ argument that Prop 8 is invalid. The supporters represent the gamut of California’s and the nation’s civil rights organi-zations and legal scholars as well as state legislators, local governments, bar associations, business interests, labor unions and religious groups.
In 43 amicus briefs filed Jan. 15, the nation’s leading legal scholars argued that Prop 8 is invalid because it seeks to eliminate a fundamental right only for a targeted minority, which cannot be done through the initiative process. The briefs argue that Proposition 8 drastically alters the equal protection guarantee in the California Constitution and that the rights of a minority cannot be eliminated by a simple majority vote. Professors from the most prominent universities and law schools in the country authored briefs urging the court to invalidate the proposition, including scholars from Harvard University; Stanford University; Yale University; University of California at Berkeley, Los Angeles, Hastings, Davis and Irvine; University of Southern California; University of Pennsylvania; Rutgers University; University of San Francisco; Loyola Law School; Santa Clara Law School; Chapman University; and Pepperdine University.
A brief authored by Hastings law professor Donna Ryu and joined by 20 constitutional law experts argued: “Proposition 8 represents the first time that the California initiative process has been wielded to abolish a fundamental freedom for an unpopular minority group and to alter the constitution so as to mandate governmental discrimination against that group.”
Another brief authored by professor Karl Manheim, one of the foremost authorities on California’s initiative process, said the proposition “improperly attempts to revise the constitution by taking the unprecedented step of singling out a suspect class and depriving that class—and only that class—of a fundamental right.”
Other briefs supporting the legal challenge to Prop 8 were filed on behalf of 65 current and former state legislators and dozens of bar associations, legal aid organizations and California municipal governments.