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

| No Comments


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

Leave a comment

About this Entry

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.

NYSBA Action Alert: Help Protect the IOLA Fund and Civil Legal Services Funding is the next entry in this blog.

Find recent content on the main index or look in the archives to find all content.

Monthly Archives

Pages

Powered by Movable Type 5.11