Amicus Brief to California Supreme Court Regarding Proposition 8

When I embarked upon my journey to law school, I had an interest in lending support to those who were under represented, or subject to discrimination whether such or express or was by implicature . Today the LGBT community is subject to discrimination that is repugnant to both the California Constitution (see link, infra) and the United States Constitution whereby ones right to privacy is at stake.

Here, the State of California allowed a proposition to be included on the ballot that subjects the fundamental rights of same sex couples joined in marriage to a popular vote. In the amicus brief written by legal scholars from Hastings School of Law, the permission granted by the Supreme Court of California is error since the process for revision requires legislative review, and an amendment may be put on the ballot for the approval of such by a popular vote. The brief explains that the Proposition intends a revision of the California Constitution rather than an amendment. I leave the work of explanation and jusitifcation of this view to the writers of the Amicus brief given by the link below.


http://www.nclrights.org/site/DocServer/2008.07.10.Amicus-Law_Profs.Letter_ISO_Petitioners.pdf?docID=4362

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