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Case No. S168047, Supreme Court of the State of California, amicus brief filed January 15, 2009
This case challenged the validity of Proposition 8, a ballot proposition passed in November 2008 which overturned the California Supreme Court’s ruling from earlier in 2008 extending to same-sex couples the right to marry. The main issue on review to the California Supreme Court was whether the Proposition constituted an invalid revision to the California Constitution.
NCYL joined as amicus curiae along with the Children’s Law Center of Los Angeles, Family Equality Council, Gay, Lesbian, Bisexual , and Transgender Therapists Association, Human Rights Campaign, Human Rights Campaign Foundation, Kids in Common, Legal Services for Children, National Black Justice Coalition, National Gay and Lesbian Task Force Foundation, Parents, Families and Friends of Lesbians and Gays, Inc., and San Francisco Court Appointed Special Advocates in a brief filed January 15, 2009. The brief focused on the impact of Proposition 8 on children who have been or are being considered for adoption, and for children in the foster care system. Explaining that Proposition 8 undermines efforts to achieve permanency and dignity for these children, amici urged the Court to decide that Proposition 8 was not a valid amendment to the California Constitution. The brief emphasized that the voters were never presented with or asked to consider the destructive effect Proposition 8 would have on children, an effect which evidences the comprehensive change to equal protection under the California constitution that Proposition 8 would necessitate.
Oral argument was heard on March 5, 2009, and the California Supreme Court issued a decision on May 26, holding that proposition 8 was validly passed using the initiative process under the state’s Constitution. The Court also held that the initiative was not applicable retroactively. Justice Moreno dissented, noting that “denying the designation of marriage to same-sex couples cannot fairly be described as a ‘narrow’ or ‘limited’ exception to the requirement of equal protection…”
Counsel for amici curiae: Grace Won, David Ismay, Brett Wheeler, Julie Wahlstrand, Farella Braun + Martel, San Francisco, CA
Updated April 21, 2010
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