Posted by
Selene G Morgan on Tuesday, November 18, 2008 5:02:53 AM
The state attorney general and sponsors of the ballot
initiative that banned same-sex marriage in California urged its
Supreme Court to hear a series of lawsuits seeking to overturn the ban,
saying the matter is too urgent to be unsettled.
"The
petitions raise issues of statewide importance, implicating not only
California's marriage laws but also the initiative process and the
Constitution itself," Attorney General Jerry Brown argued in his
filing.
"This court can provide certainty and
finality in this matter," he said.
Proposition 8,
which passed with 52 percent of the vote earlier this month, overturned
the high court's May decision legalizing gay marriage in California.
The measure inserts language into the constitution limiting marriage to
one man and one woman.
Gay and civil rights groups,
the city of San Francisco and other plaintiffs have asked the court to
void the measure on the grounds that voters did not have the authority
to make, what they say, is a fundamental constitutional
change.
There is no deadline for the justices to
decide whether they'll take the cases.
The litigation
has made unwitting allies of supporters of the same-sex marriage ban
and the attorney general, who voted against the proposition. Over the
summer, anti-gay marriage groups sued Brown after his office changed
the measure's wording to reflect that it would take away a right that
same-sex couples then had.
Brown
has since said that in his role as California's top public lawyer, he
will fight to uphold Proposition 8 as an expression of public sentiment
on same-sex marriage. The preliminary documents he filed Monday did not
address that issue.
Andrew Pugno, a lawyer for the
Yes on 8 campaign, said the measure's supporters are so confident the
Supreme Court would uphold the initiative they want the court to take
the cases and resolve the question quickly.
"There is
no question Proposition 8 is exactly the type of amendment the framers
of the Constitution envisioned for the people to be able to enact,"
Pugno said.
The Protect Marriage coalition is less
confident about Brown's sincere interest in defending the gay marriage
ban in court, according to Pugno. That's why the coalition asked the
court for permission to intervene in the cases
Monday.
"Everyone knows the AG opposed Proposition 8,
did everything he could to undermine it and it still passed anyway," he
said. "There is little hope he would make much effort at all to defend
Prop. 8."
Both the attorney general and Protect
Marriage asked the court to reject a request from gay marriage
supporters for a stay that would allow same-sex couples to resume
marrying in California until the broader legal issues are
addressed.
Meanwhile, the interfaith California
Council of Churches and the Episcopal bishops of Northern California
and Los Angeles added their petition Monday to those asking the high
court to invalidate Proposition 8. They argue that if voters are
permitted to take away rights from a group based on sexual orientation,
the same could happen to religious minorities.