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Repealing Prop 8 (If the CA Supreme Court Doesn’t)

The California-based Yes! On Equality campaign has been working towards repealing Prop 8, should it prove necessary given the result of the pending case in the Supreme Court of California.  The legality of this case cannot be more clear — we should not put human rights up for a vote, and Prop 8 should never have been allowed to be put to voters. However,  in the event that prop 8 is allowed to stay on the books, there will be limited options for the future, or time to prepare for them. In the interest of clarity, the campaign expanded their initiative to repeal Prop 8, the California Marriage Equality Act, to underline how marriage equality in California does not threaten state schools or religious institutions.

 

The California-based Yes! On Equality campaign has been working towards repealing Prop 8, should it prove necessary given the result of the pending case in the Supreme Court of California.

 The legality of this case cannot be more clear — we should not put human rights up for a vote, and Prop 8 should never have been allowed to be put to voters. However, the judges might not see it that way. After all, their jobs are probably seriously threatened depending on the outcome of this case, at the very least — there is huge pressure on them to let Prop 8 stand.

There is also great pressure for the Supreme Court of California to stand by their 2008 ruling that gays and lesbians constitute a protected suspect class: “This state’s current policies and conduct regarding homosexuality recognize that gay individuals are entitled to the same legal rights and the same respect and dignity afforded all other individuals and are protected from discrimination on the basis of their sexual orientation, and, more specifically, recognize that gay individuals are fully capable of entering into the kind of loving and enduring committed relationships that may serve as the foundation of a family and of responsibly caring for and raising children.” (Page 67 of the concurring opinion; emphasis added).

However,  in the event that prop 8 is allowed to stay on the books, there will be limited options for the future, or time to prepare for them. Many feel that at the very least we should repeal prop 8, so that the laws of California and the Supreme Court's 2008 interpretation of the state constitution can take effect (legalizing gay marriage) or at least to make room for a possible constitutional amendment created as such a serious matters should be, NOT by proposition and 50% vote.

In the interest of clarity, the campaign expanded their initiative, the California Marriage Equality Act, to underline how marriage equality in California does not threaten state schools or religious institutions.  These previsions were unanimously recommended at the Equality Summit in Los Angeles on the 24th of January.  The initiative set forth seeks to ensure passage of a 2010 ballot initiative enabling equal access to marriage for all Californians in accordance with the California State Constitution.  

The proposed law reads as follows:  

An act to repeal Section 7.5 of Article I of the California Constitution; therefore provisions to be repealed are printed in strike-through text. 
 
Section 1.  Title 
This measure shall be known, and may cited, as the “California Marriage Equality Act.” 

Section 2.   (a) Section 7.5 of Article I of the California Constitution shall be  repealed, stricken, and removed as such: 

Sec. 7.5 Only marriage between a man and a woman is valid or recognized in California

(b) This section is not intended to, and shall not be interpreted to,  modify or change the curriculum in any school. 

(c) This section is not intended to, and shall not be interpreted to, mandate or require clergy of any church to perform a service or duty incongruent with their faith. 

By gathering signatures for the California Marriage Equality Act, Yes! On Equality aims to provide a timely, basic tool to advance equality in California. This campaign seeks to compliment existing grass-roots networks and long-standing community and public- service organizations in California that have struggled to ensure equality for all, and in particular those that have recently fought against Prop 8. The Yes! On Equality website www.yesonequality.com serves as a portal for coalition-building and information for volunteers and everyone interested in marriage equality in California.

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