Same Fight, Different Approach

“Prop. 8
is not really an amendment,” says attorney Gloria
Allred, who represents two same-sex couples, including
comedian Robin Tyler and her wife, Diane Olson.
“It is such a far-reaching change to the state
constitution, to the fundamental plan, and to the
foundational powers, that they didn’t follow
the correct procedure for doing it. It should be
struck down for that reason alone.”

On this
procedural point, outlined in a reply brief to Brown filed
on January 5, the petitioners contend that amendments
are small changes to the constitution, in comparison
to more radical revisions, which require approval by
the state legislature before they can be presented to the
electorate or a constitutional convention.

Allred expresses
profound disagreement with Brown on his conclusion that
Prop. 8 is an amendment.

“This
could be fatal to the case, if the court were to decide that
they had followed the proper procedure,” she
says. “Then Prop. 8 could win.”

The high court is
hearing two other challenges to Prop. 8, one on behalf
of Equality California and six same-sex couples who would
like to marry, and another from the city and county of
San Francisco, joined by other local governments.
While they all disagree with Brown on the revision
question, their reply briefs indicate potential areas of
complement with his own.