S.F. asks federal judge to toss Prop. 8 - argues Prop 8 was motivated by hatred of gays and lesbians

[Kadie]

S.F. asks federal judge to toss Prop. 8
Bob Egelko, Chronicle Staff Writer

Friday, June 19, 2009


(06-19) 15:10 PDT SAN FRANCISCO -- San Francisco has asked a federal judge to overturn California's ban on same-sex marriage, allying the city with a lawsuit that could reach the U.S. Supreme Court.

In papers filed Thursday night in U.S. District Court in San Francisco, City Attorney Dennis Herrera's office argued that Proposition 8 was motivated by hatred of gays and lesbians and violates their constitutional right to be free of discrimination.

Although sponsors of the November ballot measure said they were trying to promote traditional marriage and protect children, "excluding same-sex couples from marriage does nothing to advance those goals," Chief Deputy City Attorney Therese Stewart said in the 49-page brief.

Prop. 8's "real aim (was) harming gays and lesbians and expressing moral disapproval of them," Stewart said.

In arguing to throw out Prop. 8, Stewart cited the Supreme Court's 1996 ruling that struck down Colorado's ban on state and local gay-rights measures and said a law motivated by hostility toward gays and lesbians is unconstitutional.


more...
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/0...

[lunatica]

1. I hope they succeed

Prop 8 totally deserves to be tossed in the gutter which is where it and the people who conceived of it and voted for it belong.

[xchrom]

2. it has to come under cali's noton of equal protection and cali's constitution.

that's how the supremes upheld 8 -- the initiative process allows the citizens to change the constitution -- or that's the thought.

now is that in some conflict with a cali constitutional notion of equal protection -- or is there one at all?

there's a fed one -- but is there one at the state level?

otherwise -- it can be based on hate -- which it was.

and still pass muster.

[Pacifist Patriot]

10. *shudder*

It can be based on hate and still pass muster.

[AntiFascist]

13. Cali's equal protection law is actually stronger...

because the CASC ruled that strict scrutiny must be applied to gays and lesbians as a suspect class. The problem, as I understand it, is the lack of case law. In challenging the constitutionality of Prop 8, Jerry Brown had to cite older cases which the CASC felt were not relevent for modern times, and also the court was unable to clearly define 'inalienable rights'. They may actually be able to put together a stronger case in Federal court.

[mkultra]

3. this is good. it could get traction.

[Kadie]

15. Let's hope so. n/t

[stopbush]

4. We WILL win this battle, hopefully sooner rather than later.

[KamaAina]

5. Ding-ding! Ding-ding! Ding-ding! (rings virtual cable car bell)

Dear FSM, I miss SF.

[EFerrari]

6. K&R

[Arctic Dave]

7. Kick and Rec for solidarity.

[Zenlitened]

8. K&R. The whole "protecting marriage" argument is a FLAT-OUT LIE. - n/t

[ColbertWatcher]

14. DOMA clearly violates the establishing religion part of the Constitution. n/t

[Liberal Gramma]

17. Not to mention a logical fallacy

How is my marriage protected by denying you the same privilege? There is no cause-and-effect relationship here.

[konnichi wa]

9. Good, I suppose but how long will it take to work its way through federal courts?

Could be years

[AsahinaKimi]

11. I hope they un-do this mess...

Its bad enough it happened in the first place. I am not very proud to be a Californian at the
moment. We certainly have had our better days in the past...but this is totally disgusting. I
still love San Francisco though..Feel privileged to have been born here.

[liberalmuse]

12. No, they did it because they truly LOVE gays. They just hate what they do.

Actually, that is the biggest pile of bullshit I keep hearing from these bigots. It's true that Prop H8 was enacted by people who have contempt, and even hatred for gays. People who would deny a basic right to another human being are cruel and hateful, period. I'd even go so far as to say they are evil because I never bought the 'good people doing vile things' excuse. Good people make mistakes, they don't fuck with other people's lives so callously. I hope Prop H8 is tossed out on it's ass, never to rear its ugly head again.

[northofdenali]

16. You would think the same argument would apply to DOMA,

DADT, state's DOMAS, etc.

Not with THIS Supreme Court.

[Starry Messenger]

18. k&r

[Kadie]

19. .

morning

[dsc]

20. this is precisely why so many of us went nuclear with the DOJ brief

the fact is under the rational basis test which that brief states it doesn't matter why the law was passed. It only matters, if after the fact, some justification can be made for the law.