MARRIAGE EQUALITY USA FILES AMICUS BRIEF URGING THE CALIFORNIA SUPREME COURT TO OVERTURN PROP 8

San Francisco, CA: In briefs filed yesterday with the California Supreme Court, Marriage Equality USA submitted an amicus brief detailing how anti-gay organizations have abused the ballot initiative process to promote their anti-gay platform with out-of-state funds and deceptive ads. “After thorough consideration, our California Legislature twice passed marriage equality bills and our California Supreme Court ended the ban on marriage for same-sex couples, but fear tactics promoted through deceptive 30 second ads were used to strip same-sex couples of their right to marry and to enshrine discrimination in our Constitution,” states Molly McKay, Marriage Equality USA Media Director. “It can’t be that easy strip fundamental rights away from a minority group, the Court must do the right thing and overturn Prop 8.”

“Preparing this brief was an eye-opening experience,” said Shay Gilmore, attorney for amicus curiae of Marriage Equality USA. “While I had always been generally aware of how gays and lesbians have been mistreated historically, I really had no idea how extensively anti-gay forces had used the initiative and referendum processes against gay men and lesbians since the 1970s.”

Jo Hoenninger, attorney for Marriage Equality USA, continues, "The initiative process was originally intended to fight corruption in government and provide the people with the means to protect themselves. By airing advertising that was flatly false, the proponents of Proposition 8 manipulated the majority and the initiative process in order to deny a basic civil right to a minority. In so doing, they did a disservice to the LGBT community, to the fair-minded Californians who make up the majority, and - even though they do not yet realize it - they did a disservice to themselves."

“The harm of anti-gay initiatives extends well beyond the ballot box,” said Pamela Brown, Marriage Equality USA Policy Director. “With California’s Prop 8 campaign, not only did LGBTI people lose their right to marry, but they were verbally assaulted, had property vandalized, received death threats, and some even lost their jobs because they were gay. Yes on 8 ads disseminated lies and promoted homophobia as illustrated in the hundreds of stories we received through community forums and our on-line survey detailing the harm LGBTI people, their children and straight allies experienced directly resulting from this campaign.”

Earlier this week, Marriage Equality USA released a report entitled “Prop 8 Hurt My Family – Ask Me How” which provides cross-section of these stories. This report, cited in Marriage Equality USA’s amicus brief, is available for download via the web at www.marriageequality.org.

“In reading these stories and getting to know our families, we believe Californians, including those who voted Yes on 8, will conclude that no individual or family should ever have to endure the pain of having their constitutional rights up to a popular vote,” concludes McKay. “To promote that end, Marriage Equality USA is supporting Get To Know Us First, a grassroots organization that has produced five ads sharing real stories of same-sex couples and their children and is seeking funds to place these TV ads in 42 California counties to follow Pastor Rick Warren’s invocation prayer.” To see these ads and donate, go to http://www.gettoknowusfirst.org.

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Direct Shortcut: Click here to download the Marriage Equality USA’s amicus brief.