On Thursday, March 5th, I will stand before the California Supreme Court and argue that Proposition 8 jeopardizes not just the right of same-sex couples to marry, but the rights of all Californians to be treated as free and equal citizens of this state.
It is difficult not to have a feeling of déjà vu. Last year, on March 4th, I stood before our state high court and argued that excluding same-sex couples from marriage violated the equal protection, privacy, and liberty guarantees of the California Constitution. While both cases directly concern the place of LGBT people in our constitutional system, the legal issues before the court in Thursday’s hearing are different – and in some respects, much broader – than in the marriage case.
Proposition 8 jeopardizes not just the right of same-sex couples to marry, but the rights of all Californians to be treated as free and equal citizens of this state. Our Constitution is based on the principle that majorities must respect minority rights. But if a majority can change the Constitution to take away a fundamental right even from a group that is otherwise entitled to the highest level of constitutional protection, then it can take away fundamental rights from any group. Our government will have changed from one that respects minority rights to one in which the power of the majority is unlimited.
A great deal is at stake on Thursday. Please join NCLR and follow the hearing, whether on this blog, or online or on TV if you’re in California.
Thank you for supporting our work.
