FINDLAW: Challenge to California’s Same Sex Marriage Ban as Invalid Constitutional Revision

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STRAUSS V. HORTON (Full Text of Petition)
(California Supreme Ct., Nov. 5, 2008) - Six same sex couples, along with Equity California, filed a petition for relief from the recently passed Proposition 8, which sought to change California’s Constitution by adding "only marriage between a man and a woman is valid or recognized in California." The suit argues that Proposition 8 is an invalid revision, rather than an amendment of California’s Constitution, which cannot be enacted through ballot initiative. Petitioners seek an immediate stay against enforcement of Prop 8 until its validity is determined.

Related Resources
California Constitution Article 18 on Amending versus Revising the Constitution
Same-Sex Marriage: A Historical Introduction
March 2005 California Supreme Court Opinion Recognizing Same Sex Marriage Rights
FindLaw Special Coverage: Same Sex Marriage

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This page contains a single entry by Leonard E. Sienko, Jr. published on November 7, 2008 10:26 AM.

Municipalities File Suit Against CA Prop. 8 was the previous entry in this blog.

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