Sacramento, Calif., Nov 6, 2008 / 19:03 pm
Opponents of California’s Proposition 8, which on Tuesday successfully restored the definition of marriage to be between one man and one woman, have filed suit asking the California Supreme Court to overturn the measure. Counsel for the Yes on 8 campaign responded, calling the lawsuits “frivolous and regrettable.”
The lawsuits were filed by lawyers for same-sex couples that received state marriage licenses during the recent period in which the Supreme Court mandated that homosexual marriages be recognized.
The plaintiffs argue that Proposition 8 rises to the level of a constitutional revision because it fundamentally altered the guarantee of equal protection. Further, they claim that Prop. 8 is illegal because a constitutional revision must be approved by the legislature before being proposed to voters.
Joseph Grodin, a former California Supreme Court justice and an opponent of Proposition 8 who assisted in earlier legal challenges to the measure, said he believes the argument has legal merit.