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FINDLAW: Challenge to California’s Same Sex Marriage Ban as Invalid Constitutional Revision

STRAUSS V. HORTON (Full Text of Petition)
(California Supreme Ct., Nov. 5, 2008) – Six same sex couples, along with Equity California, filed a petition for relief from the recently passed Proposition 8, which sought to change California’s Constitution by adding “only marriage between a man and a woman is valid or recognized in California.” The suit argues that Proposition 8 is an invalid revision, rather than an amendment of California’s Constitution, which cannot be enacted through ballot initiative. Petitioners seek an immediate stay against enforcement of Prop 8 until its validity is determined.

Related Resources
• California Constitution Article 18 on Amending versus Revising the Constitution
• Same-Sex Marriage: A Historical Introduction
• March 2005 California Supreme Court Opinion Recognizing Same Sex Marriage Rights
 FindLaw Special Coverage: Same Sex Marriage