Politics | 11/11/2008 8:15 am
California's Fight Over Gay-Marriage Ban Not Over Yet (Video)

The battle over California’s gay-marriage ban isn’t over.
Opponents of Proposition 8, passed at the ballot box last week are now saying that repealing the right of same-sex couples to marry in the state can only be done by a revision of the state Constitution involving the Legislature.
The Los Angeles Times reports that 43 Democratic legislators, including leaders of the California Senate and Assembly, filed a brief Monday urging the California Supreme Court to void Proposition 8. None of the signees were Republicans, though GOP Gov. Arnold Schwarzenegger blasted the measure over the weekend, saying he hopes the California Supreme Court would overturn Proposition 8.
He also predicted that the 18,000 gay and lesbian couples who have already wed would not see their marriages nullified by the initiative.
"It’s unfortunate, obviously, but it’s not the end," Schwarzenegger told CNN Sunday. "I think that we will again maybe undo that, if the court is willing to do that, and then move forward from there and again lead in that area."
With almost 11 million ballots tallied, Proposition 8 had 52.3% of the vote to 47.7%. Although many ballots remain to be counted, the 500,000-vote spread is thought to be insurmountable.
"The citizens of California rely on the Legislature and the courts to safeguard against unlawful discrimination by temporary, and often short-lived, majorities," the legislators said in their filing.
"This is a Hail Mary, no question about it," Frank Schubert, manager of the Proposition 8 campaign, told the Times.
Three lawsuits have been filed with the California Supreme Court asking it to stop the state from enforcing the proposition until the court has decided on its constitutionality, The Washington Post notes. The suits argue that under the equal protection clause in the state’s constitution, a majority of voters are not allowed to revoke equal rights intended for everybody.
Meanwhile, the Times reports how Proposition 8 supporters are frustrated over all the protests, saying the vote was the will of the people and it should be upheld.
"It makes me angry when the will of the people is not upheld," said Orange County voter Richard "Mac" McConnell, 82. "Under the Constitution it’s supposed to be, but it’s not anymore … And that’s wrong."
Here’s video of Schwarzenegger’s CNN interview on Proposition 8:























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