ACLU Slams California for Upholding Prop. 8
By Pasadena Independent
Published: Tuesday, May 26th, 2009
The following is a statement by ACLU/SC Executive Director Ramona Ripston on Today’s Decision by the California Supreme Court on the Prop. 8 Challenge:
"Shame on California. Shame on California! We are deeply disappointed by the California Supreme Court’s cowardly decision today, which for the first time in our state’s history permits a majority of voters in a single election to strip a fundamental constitutional right from a minority group that has historically been discriminated against.
We cannot have one set of laws for some Californians, and another set of laws for others. The implication of this decision — that our state constitutional democracy, with its elegantly designed system of checks and balances, is in fact a direct democracy in which the “tyranny of the majority” has the final say on all matters — is profoundly disturbing. The court’s decision creates a situation for gay and lesbian people in California that is simply unfair, and it will not stand.
We are pleased that the court has protected same-sex couples who married before November 5, and affirmed its prior position that any type of government discrimination based on a person’s sexual orientation is subject to the strictest level of constitutional review under the California Constitution. However, these aspects of the court’s ruling do not mitigate its acceptance of ongoing discrimination against same-sex couples who wish to marry.
Public opinion is moving in the direction of fairness and equality for all. We are proud to have been joined in our fight against Proposition 8 by dozens of community and civil-rights groups as well as more than 800 religious organizations; major corporations; and many officials from the state legislature and municipalities around the state. It is only a matter of time before the freedom to marry is secure for all Californians.
A renewed effort to overturn Proposition 8 begins today. We will consult with our many partners in this battle, and we will work with them to develop an appropriate strategy that will strike down this deplorable, discriminatory initiative. An important part of that strategy will surely be to directly engage voters in communities large and small, diverse and not so diverse, liberal and conservative. It will take time, determination and a united effort to overturn Proposition 8, but we have all those things, and we will use them to full advantage."
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