Just this afternoon, the California Supreme Court decided to grant review to numerous lawsuits regarding Prop. 8, making the case that:

• Prop. 8 is invalid because it constitutes a revision of, rather than an amendment to, the California Constitution.  
• Prop. 8 violates the separation of powers doctrine under the California Constitution.  
• If Prop. 8 is not unconstitutional, the marriages performed before Prop 8 passed should still be valid.

The court gave a very short briefing schedule, giving the state until December 19th to respond and giving our side until January 5th to respond to those briefs. Amicus briefs must be filed by January 15th, with replies to those due by January 21st.

The court did NOT grant a stay of Prop. 8 as had been requested. So, during the pendency of this matter, no marriage licenses will be issued to same-sex couples. Over the past 100 years, the California Supreme Court has heard nine cases challenging either legislative enactments or initiatives as invalid revisions of the California Constitution. In three of those cases, the Court invalidated those measures.

We are very pleased that the Court has granted review of these cases (they could have opted to not consider the lawsuits), but this should not be considered an indication they will rule in our favor. We’ll keep you updated as news develops.

Sincerely, 

And the following came in from Joe Solomonese of the Human Rights Campaign:

NEXT STEPS: PROP. 8

Marriage Equality Fight Continues Just yesterday, the California Supreme Court announced that it would take up the lawsuit to overturn California's discriminatory Prop. 8. While we are awaiting the outcome of that lawsuit, HRC is addressing the root causes of the Election Day loss by making the case for equality with people of all faiths and backgrounds. That work includes: Participating in a broad gathering of faith leaders in LA next week to formulate a plan moving forward. Encouraging our California members to help organize or and participate in townhall meetings across the state in the coming months. Contact meeting organizers near you » Organizing LGBT people of faith to come out in their religious communities. Find out how you can participate » Getting our message out to living rooms across America with HRC President Joe Solmonese's appearance on Dr. Phil tomorrow. Get details on the show » Building on our Election Day successes, which have opened up new doors for marriage equality in key states, especially the Northeast. Find out more about marriage equality hotspots »

ACT

Fight for Marriage Equality The passage of discriminatory initiatives in California, Arizona and Florida has ignited the passion of thousands. You and thousands of others have already pledged to keep your anger and passion alive. Now ask everyone you know to join you in working for justice until equality is the law of the land. Take Action >>>

Cases and briefs filed since November 4

Application for Leave to File Amici Curiae Brief and Proposed Brief of Legislative Amici Curiae in Support of Petitioners Strauss, et al. filed January 15, 2009 in the Supreme Court of California:  Full text of the petition is here (PDF, 61 pp.).  Here is the commentary received from Mike Feuer, California Assemblymember for the 42nd District:

The Legislature's Unprecedented Friend of the Court Brief Opposing Proposition 8 

As you know, I've opposed Proposition 8. Our Supreme Court has determined that marriage is a fundamental right. I believe our Constitution does not allow a simple majority of voters to take a fundamental right away from a minority of our citizens. (If it did, one can only imagine what basic rights would be next.) 

After Prop 8 passed, a number of organizations and individuals asked the Supreme Court to declare the measure unconstitutional. I organized current and former members of the Legislature to join in this challenge. I am proud to report that this month an unprecedented sixty-five legislators filed a friend of the court brief in the California Supreme Court, urging the Court to overturn Proposition 8 because it makes major changes to the Constitution while circumventing required rules for doing so. In short, our brief asserts that Proposition 8 changes the Constitution in two key ways. First, it deprives a minority of a fundamental right by a simple majority vote. Second, it prevents the judiciary from intervening to protect the fundamental rights of a minority. Our Constitution says changes this sweeping can only be accomplished through the process of constitutional "revision," which must begin with a deliberative process in the Legislature. Proposition 8 sidestepped this key requirement. 

Our brief, drafted on a pro bono basis by the law firm of Gibson, Dunn & Crutcher, can be read online here.

The Court may take up the case as early as March. I'll keep you posted as the case moves forward.

Of course, however the Court decides, all of us need to continue to fight for equal rights for all Californians, ensuring that no group is ever singled out for unfair treatment under our laws.

Petition for Writ of Mandate or Prohibition filed November 17, 2008 in the Supreme Court of California:  asks the Supreme Court to invalidate Proposition 8 and argues that Proposition 8 poses a severe threat to the guarantee of equal protection for all and was not enacted through the constitutionally required process for such a dramatic change to the California Constitution. The full text of the petition is available here (PDF, 47 pp.).

Petitioners:
California Council of Churches
The Right Rev. Marc Handley Andrus, Episcopal Bishop of California
The Right Rev. J. Jon Bruno, Episcopal Bishop of Los Angeles
General Synod of the United Church of Christ
Northern California Nevada Conference of the United Church of Christ
Southern California Nevada Conference of the United Church of Christ
Progressive Jewish Alliance
Unitarian Universalist Association of Congregations
Unitarian Universalist Legislative Ministry California

Opportunity to sign as friends of the court

 
Who are our friends in the fight ahead?
Endorsements: No on 8 | Yes on 8

Yes! on Equality Files to Repeal Proposition 8

On January 26, Charles Lowe of Yes! on Equality submitted a letter with the Secretary of State's office for a new initiative to repeal Proposition 8, specifically removing Section 7.5 of Article 1, but stating that the repeal "shall not be interpreted to modify or change the cirriculum in any school"  or "mandate or require clergy of any church to perform a service or duty incongruent with their faith."