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Prop 8 Legal Challenge

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news & opinion

Press Release

New Filing in Prop 8 Legal Challenge
Reply brief reiterates that Prop 8 should be struck down
01.05.09—Today, the National Center for Lesbian Rights (NCLR), the American Civil Liberties Union (ACLU), and Lambda Legal filed a reply brief in the California Supreme Court, the next step in the lawsuit seeking to overturn Proposition 8, which passed by a mere 52 percent on November 4.


Press Release

National Center for Lesbian Rights Legal Director Shannon Minter Named among Lawyers of the Year by Lawyers USA
12.30.08—The National Center for Lesbian Rights (NCLR) today announced that Lawyers USA has named National Center for Lesbian Rights Legal Director Shannon Price Minter as one of six 2008 lawyers of the year. In the announcement of the honorees, Lawyers USA said, "The attorneys selected as Lawyers of the Year for 2008 include an attorney who won a landmark case allowing gay couples in California to marry, a lawyer who recently argued his 50th case before the U.S. Supreme Court and the president-elect of the United States. All had major accomplishments that make them worthy of the title ‘Lawyer of the Year.’"

Press Release

Brown: Invalidate Prop 8
San Jose Mercury News
12.19.08—Saying Proposition 8 violates constitutionally protected liberties, Attorney General Jerry Brown on Friday asked the California Supreme Court to strike down the same-sex marriage ban, even as supporters filed a brief that would erase the legal recognition of couples married before Election Day.

read more from the San Jose Mercury News

Press Release

Meeting to Highlight Issues Faced by LGBT People in California Prisons
12.11.08—Today, the California Senate Committee on Public Safety held an informational meeting to examine issues affecting lesbian, gay, bisexual, and transgender (LGBT) people in California’s prison system. Chaired by Sen. Gloria Romero (D-East Los Angeles), the meeting focused on the problems faced by LGBT people who are incarcerated, including harassment and abuse, unequal access to healthcare, and difficulties faced when re-entering into society.

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Press Release

LGBT Organizations Mourn The Loss of Transgender Victims of Violence
10th Annual Transgender Day of Remembrance Recognized Throughout California
11.20.08—Community United Against Violence, Equality California, National Center for Lesbian Rights, and the Transgender Law Center mourn the loss of our brothers and sisters on the 10th Annual Transgender Day of Remembrance.

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Prop 8 Legal Challenge

Strauss v. Horton

As soon as it was clear that Prop 8 would pass in California, NCLR, along with the ACLU and Lambda Legal, filed a writ petition with the California Supreme Court on behalf of six LGBT individuals and Equality California seeking to invalidate Proposition 8.

The petition argues that the California Supreme Court should strike down Proposition 8 because it makes such a significant change to the core underlying principle of equal protection and is therefore a revision, not a mere amendment of the California Constitution. The principle of equal protection protecting minority groups from oppression by the majority is central to our constitution and our democratic system of government. Proposition 8 would limit that fundamental principle of equal protection for LGBT Californians and undermines the very purpose of equal protection.



case updates

Victory! (Iowa)

Johnson v. SooHoo
Marilyn Johnson and Nancy SooHoo adopted two children from China while they were in a committed relationship. Because they could not adopt children from China as a same-sex couple, only Johnson legally adopted the children. The couple parented the children together and held themselves out as a family for over two years. When the couple broke up, Johnson unilaterally cut off contact between SooHoo and the children.

Victory! (Connecticut)

Kerrigan & Mock v. Connecticut Department of Public Health
The Connecticut Supreme Court has ruled that the state cannot exclude lesbian and gay couples from marriage. It found that the exclusion impermissibly discriminated on the basis of sexual orientation. The court held that the state’s civil union system for same-sex couples was inherently unequal because civil unions do not provide the same dignity, stature, and respect as marriage.

Pending (Pakistan)

In re S.K.
S.K. is a gay Pakistani man seeking asylum and withholding of removal because he fears persecution based on his sexual orientation and HIV status. Under Pakistani law, being gay is punishable by death and LGBT people are forced to live in secrecy and constant fear of exposure. The Immigration Judge ignored the serious risk of persecution that S.K. faces and denied his application for asylum. The judge held that S.K., who has HIV, and was in a committed relationship with a man in Minnesota, could avoid persecution by hiding his sexual orientation, marrying a woman, and having children. The Immigration Judge also failed to recognize that S.K.’s traumatizing diagnosis of HIV that had progressed to AIDS understandably delayed his filing.

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