LA County Supervisors To Vote To Join Prop 8 Lawsuits

Now this is interesting. Los Angeles County Supervisors are going to vote tomorrow to join a lawsuit challenging the constitutionality of Proposition 8. Here is the text of the motion:

AGN. NO.____
MOTION BY SUPERVISORS ZEV YAROSLAVSKY AND
GLORIA MOLINA NOVEMBER 12, 2008

On Tuesday, November 4, 2008 the California electorate approved Proposition 8 by a vote of 52.5% to 47.5%. Proposition 8 eliminates the right of same-sex couples to marry, in effect overturning the California Supreme Court decision of May, 2008 which found the ban on same-sex marriages to be unconstitutional.

On Wednesday, November 5, 2008 three lawsuits were filed in the California Supreme Court seeking a writ of mandate ordering the State to refrain from enforcing Proposition 8 pending a determination by the Supreme Court of the constitutionality of the ballot measure. One of these lawsuits was filed by a group of government agencies which, like Los Angeles County, are responsible for the issuance of marriage licenses and thus face the dilemma of balancing enforcement of Proposition 8 with upholding the equal-protection rights of all citizens. All of these lawsuits seek to overturn Proposition 8 on the grounds that equal protection is such a foundational principle of the California Constitution that the right of the electorate to pass an initiative constitutional amendment does not include the right to overturn, by simple majority vote, a principle as fundamental as equal rights for all.

WE, THEREFORE, MOVE that the Board instruct County Counsel to immediately file a lawsuit, or join in an existing lawsuit, as appropriate, that will seek to uphold the equal rights of all California residents by challenging the constitutionality of Proposition 8.

According to Queerty, they Supes better hurry, because the California Supreme Court may rule on the lawsuits challenging Proposition 8 as early as this week.

Also, from Joe.My.God comes the word that over 1/3 of all California Legislators, including the Speaker of the Assembly Karen Bass and Senate President Pro Tem Don Perata have filed an amicus brief joining the lawsuits challenging Proposition 8.

There are currently three lawsuits challenging Proposition 8: one filed by a bunch of LGBT groups on behalf of Equality California and same-sex couples that want to get married, one filed by celebrity lawyer Gloria Allred on behalf of married clients Robin Tyler and Diane Olson and one filed by the City and County of San Francisco. It is the last one, that Los Angeles County and the state legislators are joining.