California Supreme Court Prop 8 Ruling Challenged, Cases to be Heard in U.S. District Court

On Tuesday, May 26, the California Supreme Court ruled six to one in favor of upholding Proposition 8, the state amendment that denied same sex couples the right to marry.  The initial passing of Prop 8 in November 2008 also revoked the 18,000 marriage licenses granted previously in California.  Although the Supreme Court upheld Proposition 8, it ruled to recognize the 18,000 marriage licenses that were granted prior to the Supreme Court's decision.

Tuesday's decision caused an uproar when thousands took to the streets in major cities all across America to rally against Prop 8.  Organized by Robyn Tyler, a plaintiff in one of three cases filed against the State of California, the "Day of Decision" rally brought together congressional district leaders, LGBT rights organizations, members from LAMBDA Legal, LGBT citizens and straight allies to send a clear message that the fight for equality is not over.

Day of Decision rallies merely took a seat behind other breaking news in the media when President Obama nominated the first ever Latina to the U.S. Supreme Court the same day as California's ruling on Prop 8.

Tyler announced in a statement to Daily Queer News on May 27, 2009:

"No civil rights movement has ever lost.  Never.  We will win.  It’s not an “if” its a when.  Only we are going to have to fight like hell.  Shame on the California Supreme Court.  Six of them, except Justice Moreno, issued a cowardly decision based on one word...not amendment, not revision, but re-election.

I pledge that my wife Diane Olson and  I, and the 18,000 other couples who were married in the California prior to Nov. 5, 2009, will be part of a grassroots army of love warriors, and will never stop fighting until all of our rights are won, here in California, and on a Federal level for all of us in every State. Let us take our anger, and our passion to the streets, and never, ever get off. And if the National Democratic party does not, after 35 years of promises to our community, make sure we have full equal rights in this country, the gay divorce you are going to see is the gay communities divorce from the Democratic party.   We are a civil rights movement.  It’s time we acted like one."

The three cases filed against the State of California have now been elevated and are set to be heard federally in a U.S. District Court on July 2, 2009, sources say.

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