Lawsuits. Three lawsuits have been filed to prevent Prop 8 from taking effect, one by the ACLU, NCLR, and Lambda Legal, another by the cities of Los Angeles and San Francisco and Santa Clara County, and the other by Gloria Allred on behalf of a lesbian couple. Their argument is process:
Lawyers for same-sex couples argued that the anti-gay-marriage measure was an illegal constitutional revision -- not a more limited amendment, as backers maintained -- because it fundamentally altered the guarantee of equal protection. A constitutional revision, unlike an amendment, must be approved by the Legislature before going to voters.
The state high court has twice before struck down ballot measures as illegal constitutional revisions, but those initiatives involved "a broader scope of changes," said former California Supreme Court Justice Joseph Grodin, who publicly opposed Proposition 8 and was part of an earlier legal challenge to it. The court has suggested that a revision may be distinguished from an amendment by the breadth and the nature of the change, Grodin said
The queer side goes further and is arguing that the ballot initiative illegally limited the court's power to define fundamental rights.
Jennifer Pizer, a staff lawyer for Lambda Legal, said the initiative met the test of a revision because it had far-reaching magnitude.
"The magnitude here is that you are effectively rendering equal protection a nullity if a simple majority can so easily carve an exception into it," she said. "Equal protection is supposed to prevent the targeting and subjugation of a minority group by a simple majority vote."
This is the same argument that the NCLR made back in June, but was rejected by the court (not on substance, but because they were hesitant to make a decision on a proposition that might not even pass).
Protests.TowleRoad has a list of Prop 8 protests in California, but the big one was last night in LA in front of the Mormon temple. An estimated 3000 people showed up.
Unacceptable. This is where the "blame the blacks" meme ends up. Rod received an email describing people's actions at the Mormon temple protest last night:
It was like being at a klan rally except the klansmen were wearing Abercrombie polos and Birkenstocks. YOU NIGGER, one man shouted at men. If your people want to call me a FAGGOT, I will call you a nigger. Someone else said same thing to me on the next block near the temple...me and my friend were walking, he is also gay but Korean, and a young WeHo clone said after last night the niggers better not come to West Hollywood if they knew what was BEST for them.
As much as some people in the comments on this site may think it helps, this does nothing for the LGBT community. This behavior turns people off and loses us allies. It's not "speaking truth to power" or any other justification you can think up for it.
If you're a loser who thinks this is the way to win the battle, please just stay home the next protest.
Taxation. A petition is already underway to make the LDS Church lose its tax-exempt status:
That's why we are seeking to strip the Mormon church of its status as a religious organization. According to IRS law, "no organization, including a church, may qualify for IRC section 501(c)(3) status if a substantial part of its activities is attempting to influence legislation (commonly known as lobbying)."
Please join our efforts and show the world that gay people -- and their friends and families -- know how to hit back. Sign this petition to support the legal effort to strip the Mormon Church of its tax-exempt status.
More on taxation. Melissa Etheridge calls Prop 8 "taxation without representation":
Okay. So Prop 8 passed. Alright, I get it. 51% of you think that I am a second class citizen. Alright then. So my wife, uh I mean, roommate? Girlfriend? Special lady friend? You are gonna have to help me here because I am not sure what to call her now. Anyways, she and I are not allowed the same right under the state constitution as any other citizen. Okay, so I am taking that to mean I do not have to pay my state taxes because I am not a full citizen. I mean that would just be wrong, to make someone pay taxes and not give them the same rights, sounds sort of like that taxation without representation thing from the history books.
Okay, cool I don't mean to get too personal here but there is a lot I can do with the extra half a million dollars that I will be keeping instead of handing it over to the state of California. Oh, and I am sure Ellen will be a little excited to keep her bazillion bucks that she pays in taxes too. Wow, come to think of it, there are quite a few of us fortunate gay folks that will be having some extra cash this year. What recession? We're gay! I am sure there will be a little box on the tax forms now single, married, divorced, gay, check here if you are gay, yeah, that's not so bad. Of course all of the waiters and hairdressers and UPS workers and gym teachers and such, they won't have to pay their taxes either.
And "civil discourse" stupidity. Get this:
Church officials made few public statements during the campaign. On Thursday, they issued a statement asking for "a spirit of mutual respect and civility."
"The Church acknowledges that such an emotionally charged issue concerning the most personal and cherished aspects of life -- family and marriage -- stirs fervent and deep feelings," church spokeswoman Kim Farah wrote in an e-mail. "No one on either side of the question should be vilified, harassed or subject to erroneous information." She did not elaborate.
No one should be vilified? No one should be subject to "erroneous information"? Um, excuse me? That's exactly what the LDS Church was selling for these past few months in California.
They want civil discourse now. Well, that's fresh. They weren't willing to participate in civil discourse up to now, and I see no reason why they'd start now either.
This is just another way to gloat and rub salt into those wounds. They know it and they're getting off on it. They're the least credible people to be making that argument right now.