furrbear | The Prop 8 legal challenge (Reply)

SF City Attorney Dennis Herrera has filed suit (PDF) to halt the enactment of Proposition 8 eliminating the right of same-sex couples to marry. Santa Clara county and the City of Los Angeles have joined the suit. Atty. Paul Hogarth at BeyondChron reviews the plaintiff's brief:

Prop 8 was not your typical "amendment" that merely tinkers with the California Constitution. It was a drastic revision that deprives a "suspect class" (gays and lesbians) of a fundamental right under equal protection. And a simple majority vote of the people is not enough to take that right away – especially when the purpose of equal protection is to shield minorities. While other courts have upheld marriage amendments in other states, they have different Constitutions – and court rulings have changed considerably in a short period of time. And unlike many states, California has explicitly found sexual orientation to be a "suspect class." If the Court overrules Prop 8, it will be a powerful affirmation for justice – capping what has been a powerful year of "change."

It's too early to lay odds on the likelihood of success, but my initial read into this challenge is surprisingly optimistic. The legal foundation of the challenge is much stronger than I originally guessed. If you don't read the PDF of the filing, at least do yourself the favor of reading Hogarth's excellent analysis.