Thee Suits Filed to Overturn Prop 8

There have been three cases filed in California, which ask the California Supreme Court to overturn Prop 8. All three cases proceed on the same theory: Prop 8 is a revision of the constitution which eviscerates the Equal Protection Clause, rather than an amendment. Prop 8 did not follow the proper procedure for revising the constitution.

The cases filed are:

• Strauss v. Horton, filed by the ACLU an various LGBT rights groups. The petitioners' brief can be found at http://www.aclu.org/pdfs/lgbt/ca_prop8_writpetition.pdf. You can sign uf for updates about this case at http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=0&doc_id=566226&doc_no=S168047&search=party&start=1&query_partyLastNameOrOrg=horton.

• City of San Francisco v. Horton, filed by several California cities, including San Francisco. If you are going to read only on a these briefs, I recommend reading this one: http://pdfserver.amlaw.com/ca/prop81106.pdf. You can sign up for updates on this case here: http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=0&doc_id=566339&doc_no=S168078&search=party&start=1&query_partyLastNameOrOrg=horton.

• Tyler v. State of California, filed by attorney Gloria Allred for a same-sex couple. Case brief here: http://www.amglaw.com/CM/News/Supreme-Prop%208%20Petition.pdf. Case information and updates here: http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=0&doc_id=566296&doc_no=S168066&search=attorney&start=1&query_attyLastName=allred&query_attyFirstName=gloria&query_attyLawFirm=.

From my perspective, these briefs are very persuasive, and I certainly think that Prop 8 was an illegitimate revision of the California Constitution. Let's hope the Supreme Court agrees.