Challenge to CA Prop 8, which bans marriage for same-sex couples.

Spectators, protestors and the media outside the California Supreme Court during oral arguments in Strauss v. Horton. (Photo: Michael Woolsey, ACLU of Northern California)

Our case argues that Proposition 8 is an improper revision rather than an amendment of the California Constitution because the initiative eliminated an existing right only for a targeted minority.  If permitted to stand, Proposition 8 would be the first time an initiative has successfully been used to change the California Constitution to take away an existing right only for a particular group – a “suspect class.”  According to the California Constitution, such a serious revision of the state constitution cannot be enacted through a simple majority vote, but must first be approved by two-thirds of the legislature.  

CASE STATUS:  On May 26, 2009, the California Supreme Court ruled against overturning Proposition 8.

Note: Most of the ACLU's legal documents on this case can be found on this page, but all legal documents from other organizations and from related cases can be found at the California Supreme Court website.

News
> LGBT Organizations Point Out that Lawsuits Could Set Back Progress on Marriage for Same-Sex Couples (5/27/2009)
> Court Upholds Prop 8; State Continues to Recognize 18,000 Marriages (5/26/2009)
> Attorneys Urge California Supreme Court To Invalidate Prop 8 (3/5/2009)
> Religious and Civil Rights Groups, Legislators, Bar Associations, Labor, Businesses, and Legal Scholars Urge Court to Overturn Prop 8 (1/15/2009)
> New Filing in Prop 8 Legal Challenge (1/5/2009)
> California Supreme Court Grants Review In Prop 8 Legal Challenges (11/19/2008)
> California Will Continue to Honor Marriages of Same-Sex Couples Who Married Before the Possible Passage of <br>Prop. 8 (11/5/2008)
> Legal Groups File Lawsuit Challenging Proposition 8, Should It Pass (11/5/2008)

Legal Documents
> Strauss v. Horton - Decision (5/26/2009)
> Strauss v. Horton - Amicus Curae Briefs in Support of Petitioners (1/21/2009)
> Strauss v. Horton - Reply in Support of Petitioners (1/5/2009)
> Strauss v. Horton - Attorney General's Answer Brief (12/19/2008)
> Strauss v. Horton - Attorney General's Preliminary Response (11/17/2008)
> Proposition 8 - Writ Petition, Religious Groups (11/17/2008)
> Proposition 8 - Writ Petition, Women's Groups (11/17/2008)
> Proposition 8 - Writ Petition, Civil Rights Groups (11/14/2008)
> Strauss v. Horton - Declarations (11/5/2008)
> Proposition 8 - Writ Petition, California Cities and Counties (11/5/2008)
> Strauss v. Horton - Amended Writ Petition (11/5/2008)
> Strauss, et al. v. Horton, et al. – Petition for Writ of Mandate Challenging Proposition 8 (11/5/2008)

Additional Resources
> Getting Rid of Prop 8 (7/14/2009)
> Why the ballot box and not the courts should be the next step on marriage in California (5/27/2009)