Prop. 8 sponsors seek to nullify 18K gay marriages

By Lisa Leff
Associated Press Writer

SAN FRANCISCO (AP) -- The sponsors of Proposition 8 asked the California Supreme Court on Friday to nullify the marriages of the estimated 18,000 same-sex couples who exchanged vows before voters approved the ballot initiative that outlawed gay unions.

The Yes on 8 campaign filed a brief arguing that because the new law holds that only marriages between a man and a woman are recognized or valid in California, the state can no longer recognize the existing same-sex unions. The document reveals for the first time that opponents of same-sex marriage will fight in court to undo those unions that already exist.

"Proposition 8's brevity is matched by its clarity. There are no conditional clauses, exceptions, exemptions or exclusions," reads the brief co-written by Kenneth Starr, dean of Pepperdine University's law school and the former independent counsel who investigated President Bill Clinton.

The campaign submitted the document in response to three lawsuits seeking to invalidate Proposition 8, the constitutional amendment adopted last month that overruled the court's decision in May that had legalized gay marriage in the nation's most populous state.

Both Attorney General Jerry Brown, whose office is scheduled to submit its own brief to the court Friday, and gay rights groups maintain that the gay marriage ban may not be applied retroactively.

The Supreme Court could hear arguments in the litigation as soon as March. The measure's backers announced Friday that Starr, a former federal judge and U.S. solicitor general, had signed on as their lead counsel and would argue the cases.

Proposition 8's supporters assert that the Supreme Court lacks the authority or historical precedent to throw out the amendment.

"For this court to rule otherwise would be to tear asunder a lavish body of jurisprudence," the court papers state. "That body of decisional law commands judges - as servants of the people - to bow to the will of those whom they serve - even if the substantive result of what people have wrought in constitution-amending is deemed unenlightened."

The cases are Strauss v. Horton, S168047; City and County of San Francisco v. Horton, S168078; and Tyler v. State of California, S168066.

Rumor or Fact: The California Supreme Court is Likely to Approve Gay Marriage

On April 15th, Ryan J. Davis of the Huffington Post reported some pretty interesting and compelling news about the California Supreme Court's decision on Gay Marriage.

"The fight for gay marriage in California has been a tough one during the last decade. In 2000, Proposition 22 was passed by 62% of the state's voters, limiting marriage to a man and a woman. Its since been sent to the State's Supreme Court. Gov. Schwarzenegger has twice vetoed Gay Marriage Bills sent to him by the California Legislature, the second as recently as last year. "He will uphold whatever the court decides," Schwarzenegger spokeswoman Margita Thompson said after the bill's original passing.

Fearing the court's decision, the Family Research council has launched a ballot initiative for a Constitutional Amendment against Gay Marriage in California. "After oral arguments in the case, it appears very likely that the majority of judges on California's highest court will rule against the current meaning of marriage, opening up God's ordained institution to same-sex couples," they said in a March fundraising email.

Sources wishing to remain anonymous in the California Court System indicate that the court, which has until June 2, 2008 to issue it's marriage ruling, is considering issuing it on Friday, May 23, 2008, with the decision being written by Chief Justice Ronald George. The Court is readying itself for a backlash that may follow the rumored and bold decision. There is talk that the Court will not simply strike down Proposition 22, but will move the State of California toward full marriage, if not even granting full marriage rights for gays and lesbians outright.

Obviously aware of what's coming, Gov. Schwarzenegger came out swinging against the FRC's proposed amendment, "I will always be there to fight against that," he said to huge applause this weekend at a Log Cabin Republican Convention in San Diego. He went so far as to call the initiative a "waste of time" and acknowledge that the people of California are, "much further along on that issue." The latest Field Poll shows only 51% of Californians oppose full gay marriage, an 11 point drop since 2000.

There seems little doubt that California is moving toward full gay marriage equality."

One can only hope that this information is not just a rumor and that the California Supreme Court will choose to follow the lead of the Massachusetts Supreme Court by declaring that same-sex couples have a fundamental right to marry.