News

Log Cabin Praises California Court's Decision to Hear Prop. 8 Challenge

November 20, 2008

(Los Angeles, CA) – Log Cabin Republicans applaud the California Supreme Court's decision to grant review of the Proposition 8 cases. "This is an important step forward," said Log Cabin California Chairman Terry Hamilton. "Prop 8 was wrong and unnecessary. And we believe it violates the California Constitution. We're glad the court is looking at this important issue."

While pleased the court is reviewing Prop 8, Log Cabin is disappointed the justices did not issue a stay related to all the couples who were married before November 5th. Those couples are living with great uncertainty. At least the court's expedited hearing schedule will bring clarity to this issue sooner rather than later. Opposition briefs are due December 19th. Oral arguments are expected sometime in March, 2009 with a decision expected in early summer – around the 40th anniversary of the Stonewall riots, which started the modern gay civil rights movement.

The issues to be briefed and argued focus on three issues:

(1) Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to the California Constitution?

(2) Does Proposition 8 violate the separation of powers doctrine under the California Constitution?

(3) If Proposition 8 is not unconstitutional, what is the effect, if any on the marriages of gay and lesbian couples performed prior to the adoption of Proposition 8?

Long time activist and Log Cabin member Kevin Norte was the first to publish and originate the concept in print that Proposition 8 might be a revision instead of an amendment. He detailed his views in the Met News on May 21, 2008 and June 17, 2008. Norte, a Los Angeles lawyer, believes Proposition 8 revises two separate and distinct parts of the California Constitution. "The first issue is marriage and whether this amendment is a revision," says Norte. "The more compelling issue is whether the gay community (or any minority) can be excluded from the inalienable fundamental right of Equal Protection."

Log Cabin Republicans, like California Governor Arnold Schwarzenegger, believe Proposition 8 is unconstitutional.