Strauss v. Horton
What's at Stake
Challenge to CA Prop 8, which bans marriage for same-sex couples.
Summary
On November 5, 2008, the 老澳门开奖结果, National Center for Lesbian Rights, and Lambda Legal filed a lawsuit challenging the validity of Proposition 8 in the California Supreme Court on behalf of six couples and Equality California.
Spectators, protestors and the media outside the California Supreme Court during oral arguments in Strauss v. Horton. (Photo: Michael Woolsey, 老澳门开奖结果 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 鈥 a 鈥渟uspect class.鈥 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 老澳门开奖结果'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 .
Legal Documents
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12/19/2008
Strauss v. Horton - Attorney General's Answer Brief
Date Filed: 12/19/2008
Affiliate: Northern California, San Diego & Imperial Counties, Southern California
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11/17/2008
Strauss v. Horton - Attorney General's Preliminary Response
Date Filed: 11/17/2008
Affiliate: Northern California, San Diego & Imperial Counties, Southern California
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11/17/2008
Proposition 8 - Writ Petition, Religious Groups
Date Filed: 11/17/2008
Affiliate: Northern California, San Diego & Imperial Counties, Southern California
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11/17/2008
Proposition 8 - Writ Petition, Women's Groups
Date Filed: 11/17/2008
Affiliate: Northern California, San Diego & Imperial Counties, Southern California
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11/14/2008
Proposition 8 - Writ Petition, Civil Rights Groups
Date Filed: 11/14/2008
Affiliate: Northern California, San Diego & Imperial Counties, Southern California
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11/05/2008
Strauss, et al. v. Horton, et al. 鈥 Petition for Writ of Mandate Challenging Proposition 8
Date Filed: 11/05/2008
Affiliate: Northern California, San Diego & Imperial Counties, Southern California
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11/05/2008
Strauss v. Horton - Amended Writ Petition
Date Filed: 11/05/2008
Affiliate: Northern California, San Diego & Imperial Counties, Southern California
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11/05/2008
Strauss v. Horton - Declarations
Date Filed: 11/05/2008
Affiliate: Northern California, San Diego & Imperial Counties, Southern California
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11/05/2008
Proposition 8 - Writ Petition, California Cities and Counties
Date Filed: 11/05/2008
Affiliate: Northern California, San Diego & Imperial Counties, Southern California
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05/26/2009
Strauss v. Horton - Decision
Date Filed: 05/26/2009
Affiliate: Northern California, San Diego & Imperial Counties, Southern California
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01/21/2009
Strauss v. Horton - Amicus Curae Briefs in Support of Petitioners
Date Filed: 01/21/2009
Affiliate: Northern California, San Diego & Imperial Counties, Southern California
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01/05/2009
Strauss v. Horton - Reply in Support of Petitioners
Date Filed: 01/05/2009
Affiliate: Northern California, San Diego & Imperial Counties, Southern California
Press Releases
Legal Groups File Lawsuit Challenging Proposition 8, Should It Pass
California Will Continue to Honor Marriages of Same-Sex Couples Who Married Before the Possible Passage of Prop. 8