
Gay-rights advocates to legally test Prop 8
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Legal Help Desk
11/5/2008
"After losing at the polls, gay-rights advocates filed a legal challenge Wednesday in the California Supreme Court to Proposition 8, a long-shot effort the measure's supporters called an attempt to subvert the will of voters.
"Lawyers for same-sex couples said they will argue the anti-gay-marriage measure was an illegal constitutional revision ? not a more limited amendment, as backers said.
"...It is a matter of fairness, said Jenny Pizer, a staff attorney with Lambda Legal. 'If the voters approved an initiative that took the right to free speech away from women, but not from men, everyone would agree that such a measure conflicts with the basic ideals of equality enshrined in our Constitution. Proposition 8 suffers from the same flaw: It removes a protected constitutional right ? here, the right to marry ? not from all Californians, but just from one group of us,' she said."