Group of churches and religious bodies file legal challenge to Prop 8

[AntiFascist]

The California Council of Churches, several Episcopal bishops, the General Synod of the United Church of Christ, the Northern Cal. Nevada Conference of the UCC, the Southern Cal. Conference of the UCC, the Progressive Jewish Alliance, Unitarian Universalist Association of Congregations, and Unitarian Universalist Legislative Ministry California have filed a Petition for Writ of Mandate or Prohibition against Proposition 8.

http://www.courtinfo.ca.gov/courts/supreme/highprofile/documents/s168332-petition-mandate.pdf

"The religious institutions that file this petition - and their member congregations and parishioners - count on article XVIII to ensure that the California Constitution's guarantee of equal protection for religious minorities cannot be taken away without a deliberative process of the utmost care possible in a representative democracy. If Proposition 8 is upheld, however, the assurance will disappear - for, just as surely as gay men and lesbians could be deprived of equal protection by a simple majority vote, so too could religious minorities be deprived of equal protection - a terrible irony in a nation founded by people who emigrated to escape religious persecution."

This now makes a total of 3 additional petitions filed on behalf of racial minority groups, women's groups, and now church groups who feel that Prop. 8 will cause erosion of their own civil rights.

http://www.courtinfo.ca.gov/courts/supreme/highprofile/prop8.htm

[Hell Hath No Fury]

1. About time they took this approach!

I have been screaming right and left about making this a religious freedom arguement -- glad to see someone giving it a try. Can't wait to see how this plays out.

[wryter2000]

2. Thank heaven

You should pardon the expression. :)

It really cheesed me that the pro-hate groups claimed that they represented all religious people.

[pinto]

3. No Constitutional expert here, but this tack seems well done. Earlier I saw a snip that challenged

Prop 8 on grounds that it was a revision, requiring 2/3 vote or a constitutional convention. (From the same filing.)

Seems, to this layman, a good case to take before the State Supreme Court.

[AntiFascist]

4. Correct, if the People really want to change the Constitution that dramatically...

they can try to do it through the legislature first, or a constitutional convention. But the process of raising lots of money, gathering signatures, and then running a fear campaign based on falsehoods in order to sway a slim majority of voters should not be allowed to stand where it comes to the protection of civil rights.

[pinto]

7. Agree. A majority whittles away at basic rights, while one basic premise of a constitution

is to protect minorities from that very thing.

I think this will do well before the CA Supreme Court. I guess the crux is in the definition of Prop 8 - is it a revision or an amendment? That's a little above my pay grade, but I think it will be a good argument before the court.

[Maat]

5. Proud Unitarian-Universalist here!

As a law school graduate (non-practicing), I have to say that I love what they've come up with!

To all of the valiant souls fighting the implementation of Prop. 8:

:patriot:

Now, go to the organization in my sig.-line - read up and donate!

In Solidarity and Friendship,

[FreeState]

6. Thank you to the fair minded churches thats wonderful n/t

[pinto]

8. It really is good to see them step out and up to the plate, especially at this level.

[FreeState]

9. I agree - but I feel a ground swell of change on this issue since the election...

I might even go so far as to say prop 8 would not pass again if an election were held today. The days after the election and the conversations that have followed have truly been monumental IMO. We had 25,000 people marching in San Diego Saturday - thats the largest march in the country that day - but why SD? One huge thing I noticed was a large support from straight supporters that has never been there before. Instead of just supporting equality the religious right has created activist out of otherwise lack luster supports of gay marriage (this group includes persons of all orientations).

THe world is changing and its changing fast - equality will come sooner than later IMO - for ALL Americans.

[pinto]

10. Agree. My little town had ~ 500 out for a statement and my 30 y.o. niece had only one thing

to say about Prop 8 - "Ridiculous." I may be her "favorite" uncle but she wouldn't mince words with me if she felt otherwise.

What I liked about her take, as we talked, is that she didn't cast the issue in media/religious/political terms as such.

It was simple. No big deal.

Or as they say in my family - "they're barking up a dead tree."

[AntiFascist]

11. Yes, and a kick n/t

:kick:

[AntiFascist]

12. The Ecumenical Catholic Church files a "Formal Request to Invalidate Proposition 8"

http://www.courtinfo.ca.gov/courts/supreme/highprofile/documents/s168047-letter-support-ecumencial.pdf


Wow! Check out their arguments:

Proposition 8 inserts a false statement into the California Constitution

"...The statement is theologically false because validity of marriage is determined by the commitment of the couple and the blessing of God....There are many valid marriages not recognized by the government, and there are many marriages recognized by the government that various denominational regulations would not consider valid. But to categorically make a statement that appears to apply to every religious organization within the state is simply false."

"...No one can tell me or anyone else whose marriage I recognize, either as a clergy person or simply as a human being..."

Proposition 8 makes the constitution self-contradictory

The Supreme Court has already declared that the California Constitution requires marriage equality. Prop. 8 does not remove any language from the constitution. It merely inserts a single sentence that contradicts the entirety of the existing document..."

Proposition 8 violates freedom of religion

"This church shall hold no regard for a person's race, color, gender, sexual orientation or preference...limiting marriage equality to different-sex couples has always violated our religious freedom..."

"The religious community is far from united on Proposition 8"

The word is important "Civil unions and domestic partnerships, and even "holy unions," cannot convey the emotional component of marriage....
that emotional component -- which is conveyed almost entirely by the word marriage itself - is what strengthens the family."

"It is uplifting to see the advancement of the gay community in this realization"

<much more at the link!>

Most Rev. Mark S. Shirilau, Ph.D. :yourock:

[JerseygirlCT]

13. Yes! I've been wondering about that...

if one right can be stripped...

Oh, good for them! Excellent!