Marriage Equality and Beyond: ACLU-NC’s Ongoing Efforts after Proposition 8

The ACLU of Northern California, LGBT rights groups, and many other civil rights groups were joined by tens of thousands of activists across the state in working tirelessly to defeat Proposition 8 in the November 2008 election. Sadly, the ballot measure passed by a narrow margin of 52 percent. If found valid, Prop. 8 would write discrimination into our Constitution by taking away the fundamental right to marry from a single group lesbian and gay Californians.

Here at the ACLU-NC, we've worked for decades to advance the civil rights of LGBT Californians. Losing Prop. 8 is a setback, but we're now more determined than ever to make sure that lesbian and gay couples are able to share in the security, dignity and respect of marriage in the decades to come.

Legal Challenge to Prop 8

Immediately after the election, ACLU-NC, Lambda Legal and the National Center for Lesbian Rights filed a writ petition in the California Supreme Court urging the court to invalidate Prop. 8. The lawsuit charges that Prop. 8 is invalid because the initiative process was improperly used in an attempt to undo our Constitution’s core commitment to equality for everyone by eliminating a fundamental right from just one group -- lesbian and gay Californians. Such a radical change to our Constitution can only be accomplished through a more deliberative process, involving at least a two-third’s vote of our State Legislature. 

If the writ petition is successful, same-sex couples will again be able to get married in California. For now, only the same-sex couples who were married between the June 2008 effective date of the Supreme Court's decision allowing same-sex marriage and Nov. 4, 2008 have unions recognized by the State of California.

Read more about the legal challenge to Prop. 8 »

Activism after Prop 8

The emotional and devastating loss at the polls on Prop. 8 was met by surges of activism not only in California -- but across the country. People marched in the streets from San Francisco to Seattle to Washington, D.C. This grassroots activism, comprised of LGBT and straight individuals and families alike, has been inspiring, and reminds of us the significant we progress we have made on this issue. Since 2000, when Prop. 22 passed by over 60%, we have gained almost 9 points, as support for marriage equality and LGBT rights have grown steadily.

Yet there is much work left to do. Even if Prop. 8 is invalidated by the Supreme Court, we need to engage our communities on the issue of LGBT equality.

Learn more at www.tell-three.org »