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The California Supreme Court announced it will issue a written opinion today at 10 a.m. on whether conservatives who sponsored Proposition 8 are entitled to defend the measure that overturned a 2008 ruling recognizing the right to same-sex marriage.
The leadership of Equality Action NOW, a local Sacramento civil rights organization is inviting the community to gather at Headhunters/Cornerstone Restaurant on the corner of 10th and K Streets beginning at 9:30 a.m. to await the decision.
For many members of the organization it is a personal issue and today will mark a pivotal moment in their fight for marriage equality.
The Court in San Francisco will decide whether California law allows ProtectMarriage.com, sponsors of Prop 8 to force an appeal in Perry v. Brown – even though the California Attorney General actually agrees that Prop 8 is unconstitutional.
For thousands of same-sex couples, their supportive friends and family members, and straight allies, this battle for equality and civil rights has been long and trying.
A year ago, Dr. Nicola Simmersbach, a “pro-marriage” licensed marriage and family therapist and her partner, Diana Luiz were ready to be married when Judge Walker ruled that Prop 8 was unconstitutional and were sitting at the County Clerk’s office all dressed in white and holding a bouquet of brightly colored sunflowers. Moments later a stay was issued and their mood instantly turned to sadness and disappointment.
“Diana and I are a committed, long-term same sex couple who is still being denied the right to marriage. No person has been harmed in the 18,000 legal same sex marriages that exist in California today”, said Dr. Simmersbach. “But Diana and I are harmed every day by the systems and people who keep marriage out of our reach. We are ready to marry immediately. We want our day to come soon.”
“I don’t really know if I believe in marriage”, thoughtfully exclaimed Benancio Garza, 20 year old Youth Spokesperson and Board Member for Equality Action NOW and American River College Student. “However for certain my main focus right now is to fight for my right to be considered equal in every way under the law and that includes my civil right to marry another male adult if that is what I want to do. Here in America being separated because of my sexual orientation for which I did not choose is hypocritical backwards thinking. We are all different, and we need to accept that fact.”
The question the California Supreme Court answers today seems like a trivial technical issue but in reality whatever the Court decides will have far-reaching implications for the whole state. There are many laws that California passes through the initiative process that may not be in line with the California or the U.S. Constitution and the Courts has to determine the law’s constitutionality.
Currently, California’s Attorney General and Governor can decide not to appeal a court decision ruling that an initiative is unconstitutional. But, depending on how the California Supreme Court rules, future Governors may lose the ability to make such final decisions for the state – leaving disfavored groups in California even more vulnerable to unconstitutional initiatives that single them out for attack.
So if the California Supreme Court holds that California law gives sponsors the power to bring an appeal over the objections of the Attorney General and the Governor, the Ninth Circuit would still have to decide whether Prop 8’s supporters meet all the other criteria to appeal under federal law. If the Ninth Circuit allows them to appeal, the Ninth Circuit would then decide whether to uphold or reverse Judge Walker’s ruling that Prop 8 is unconstitutional.
