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News Archive: American Constitution Society

Briefs Filed In Legal Challange To Calif.'s Prop 8 Saturday, 01/17/09
American Constitution Society

This week, women's rights groups, religious organizations, civil rights groups, and labor unions, California municipal governments, children's welfare organizations, bar associations, and leading legal scholars collectively urged the California Supreme Court to strike down Proposition 8. These briefs argue, among other things, that Proposition 8 drastically alters the equal protection guarantee in California's Constitution, and that the rights of a minority cannot be eliminated by a simple majority vote; that writing inequality into the constitution is bad for business; that Proposition 8 is invalid because it is a constitutional revision rather than amendment; that the rights of all Californians to equal treatment under the constitution would be compromised, and that union members' rights could be in jeopardy if Proposition 8 were held to be valid; that Proposition 8 prevents the courts from exercising their essential constitutional role of enforcing the equal protection rights of minorities; and that Proposition 8 poses a serious threat to religious freedom.

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