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Banner Prop 8 Legal Challenge

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Proposition 8 passed, so now what?

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NCLR is lead counsel in the Prop 8 legal challenge, a lawsuit we filed the day after the election with the California Supreme Court, asking it to overturn the California marriage ban because the California Constitution does not permit such a serious change to the core principle of equal protection and to the role of the courts in enforcing equal protection to be made through a simple majority vote.

On November 19, 2008, the California Supreme Court agreed to hear our case, along with a similar case filed by numerous cities and counties led by the City and County of San Francisco and case filed by a private attorney. The Court granted review on an accelerated timetable. All briefs had to be filed by the end of January 2009. Oral argument was March 5, 2009 at 9:00 a.m..

We need your help to educate the public about the importance of this case!

Please, talk to your friends and family, attend rallies and marches, post and comment on blogs, and write letters to the editor. As you do, please remember to acknowledge the essential role of the Court in protecting minority rights and remind your audience of the threat that Prop 8 poses to freedom and equality for all Californians. If a bare majority of voters can change our state Constitution to take away rights from a historically targeted minority group, what is the point of having a California Constitution?

It is crucial that our community and allies stand up against this harmful proposition and be visible. It is our chance to show the world that we will not stand for discrimination and intolerance. So make your voice heard today. Below are some sample letters and blog posts that you can use to draft your own personalized letter.

letters to the editor

Opinion pages, especially letters to the editors, are among the most closely read sections of newspapers (both print and online). Letters from readers help guide newspaper editors in determining their coverage—the issues they will cover in news stories and editorials. Additionally, policy-makers and elected officials use these pages to gauge public opinion. A well-written, well-timed letter to the editor can impact and shift public opinion.

A few pointers:

  • Do your homework. Be sure to read the letters in your newspaper to get a sense of the length and style of the letters they print. Frequently, newspapers list their letter submission guidelines on the opinion section of their website.
  • Keep it short and to the point. Letters should be short, no more than two paragraphs (100-200 words).
  • Proofread. Make sure to have someone else proofread your letter.
  • References. If you are writing directly in response to an article, be sure to reference the headline and author. It is important to be timely, so submit your letter the same or next day after the article appeared, not a week later.
  • Sign your letter. Newspapers do not run anonymous letters. You will be required to include your name, address, email address, and phone number.
  • Follow up. After you submit your letter, read the newspaper to see if it appears. If a week passes and the topic hasn’t been discussed, feel free to call or email the newspaper’s editorial department to follow up.

Please take the time to personalize your letter and tailor it to your newspaper’s coverage and submission guidelines.

Dear Editor,

I am a _______, not a lawyer, and I cannot understand how my state could let a simple majority vote to strip away the rights of a minority. Prop 8 defeats the very purpose of our constitution, which is to protect minorities and to make sure the law treats everyone equally. I have faith that the California Supreme Court will recognize how dangerous this Proposition is and will rule against it.

 

Dear Editor,

The word marriage really does matter. We are just trying to raise our children and live our lives quietly and we are entitled to the same rights and responsibilities as other families. It is devastating that people in California, a state I love, voted to take that away from me and my family. That is why we support the lawsuit currently before the California Supreme Court.

 

Dear Editor,

There is something so fundamentally unfair and wrong about taking away rights from one group of people. Prop 8 is a radical and unprecedented change to the California Constitution that puts all Californians at risk. I don’t want to live in a society that votes to eliminate rights.

sample letters to the editor for amici groups

Dear Editor,

Civil Rights Amici Groups Sample Letter to the Editor
(Re: Author, Article Title, Date Article Ran)

If the Supreme Court allows Proposition 8 to take effect, it will threaten the rights of all people of color and all minority groups. For the first time in California’s history, the constitutional rights of minorities would be subject to restriction or elimination any time by a simple majority vote on a ballot initiative. The [Name of your organization] supports the lawsuit against Prop 8 because we believe the California Constitution, which is the highest and most basic expression of the people’s will, does not allow the rights of a minority group to be eliminated by a simple majority vote. This is not just about the gay, lesbian, bisexual, and transgender community. It’s about all of us. Without the a secure guarantee of equal protection of the laws under our Constitution, [people of color / African Americans / Latinos / Asian Americans] will forever be at risk of losing our rights whenever the majority decides to take them away.

Women’s Rights Amici Groups Sample Letter to the Editor
(Re: Author, Article Title, Date Article Ran)

Proposition 8 has disastrous implications for women across California and for other groups that face discrimination. Our state Constitution’s guarantee of equal protection will be immeasurably damaged if Prop 8 is allowed to stand. The [Name of your organization] supports the lawsuit against Prop 8 because we believe the California Constitution, which is the highest and most basic expression of the people’s will, does not allow such drastic constitutional changes to be passed by a simple majority vote. There was a time when women weren’t allowed to vote, weren’t allowed to own property and were excluded from educational opportunities. If these basic rights had been put to a majority vote, we might still be fighting for them. Fundamental freedoms—for any group of people—should not be up for grabs in every election.

Faith / Religious Groups Sample Letter to the Editor
(Re: Author, Article Title, Date Article Ran)

Proposition 8 poses a grave threat to religious freedom. Religious groups know from long experience the dangers posed by allowing unchecked power to rest in the hands of the majority. From the earliest days of our nation’s history and to this very day, religious minorities have come to America to escape persecution in their native lands. Even in our own society, some religious groups (Christians, Jews, Muslims and others) have often faced discrimination from hostile majorities. My [congregation / group] believes firmly that the freedom to practice our faith is protected by ensuring that the constitutional principle of equal protection applies to all Californians. If one group of people can be deprived of this right by a simple majority vote, then all of us, including religious minorities, could also be singled out for discrimination. That’s why we support the lawsuit against Prop 8.

blog postings and comments

Submitting a blog posting or comment, or an article to your favorite website is a great way to spread the word about the importance of this lawsuit.

A few pointers:

  • Keep it short and to the point. People have short attention spans so be sure to get your point across early and often.
  • Proofread. Make sure to have someone else proofread your post.
  • Make it personal. Proposition 8 had real implications for our families. This isn’t just about politics or a lawsuit. This is about real people. Tell your story.
  • Don’t let antagonistic comments derail the conversation. Avoiding back-and-forth argument can help keep the focus on what is really at stake equal protection for all Californians and dignity for LGBT people and our families.

Sample blog post:

On November 4, 2008, we made history as voters elected the nation’s first African-American president. This signaled a new era in politics, a progressive era. At the same time, our nation saw an unprecedented effort to eliminate LGBT rights with the passage of anti-LGBT amendments in 4 states, including Prop 8 in California.

When I heard the news that Proposition 8 had passed, it felt like ____________.

This proposition affected so many people personally. I thought immediately of _______________(my partner, my daughter, my moms, my dads. Use this space to tell your story).

Prop 8 defeats the very purpose of our constitution, which is to protect minorities and to make sure the law treats everyone equally. I have faith that the California Supreme Court will do the right thing and overturn this unconstitutional Proposition.

 
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