Paul Cates,
LGBT Project
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January 8, 2009

Earlier this week, the ACLU, the National Center for Lesbian Rights, and Lambda Legal filed another brief before the California Supreme Court urging the court to strike down Prop 8 which attempted to take away the right of gay people to marry in the state. This brief was filed in response to the brief filed by the California Attorney General and the anti-gay organizations that supported Prop 8. What is noteworthy about this brief is that while we differ slightly in our legal analysis, we agree with the Attorney General Jerry Brown that Prop 8 should be struck down. We also argue — again in agreement with the Attorney General — that Proposition 8 cannot be applied to invalidate existing marriages because new laws and amendments are presumed to apply only on a prospective basis.

To shed some light on the many questions raised by the passage of Prop 8, we put together a FAQ . If you’re concerned about how Prop 8 will affect your marriage or just want to learn more about our efforts to have it overturned, please check it out. You can read a copy of the brief filed this week as well as the other legal documents in the case here.

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