Posted by aerosynth on December 7, 2008
Via Facebook – California State Senator Mark Leno’s Page:
Leno Resolution Declares Legislature’s Opposition to Proposition 8’s Unlawful Revision to the California Constitution
Sacramento, CA— Senator Mark Leno (D-Marin/San Francisco/Sonoma) introduced Senate Resolution 7 today to declare the Legislature’s opposition to Proposition 8 because it failed to meet the distinct procedures mandated by law for revisions to California’s Constitution.
The resolution is co-authored by the entire LGBT Legislative Caucus and Senate President Pro Tem Darrell Steinberg. It is sponsored by Equality California and supported by many other civil rights groups opposed to the November initiative. Assemblyman Tom Ammiano (D-San Francisco) has introduced an identical resolution, HR 5, in the Assembly.
“Proposition 8’s revision to the California Constitution violates key structural checks and balances built into our legal system,” said Senator Mark Leno. “Overnight, the constitutional protections of thousands of tax paying, law abiding California citizens were stripped from them by a simple majority vote, without a prior two-thirds vote by both houses of the legislature, thereby trampling on their fundamental right to equal protection,” he said.
Specifically, SR 7 memorializes the Legislature’s opposition to Proposition 8 because it is an improper revision of the California Constitution and was not enacted according to the procedures required by Article XVIII to the State Constitution. This Article mandates that a proposed revision of the California Constitution must originate in the California Legislature and be approved by a two-thirds vote of each house of the Legislature before being submitted to the voters.
The California Supreme Court has held in Livermore v. Waite and other subsequent decisions, that a revision is a substantial change to the “underlying principles” of the California Constitution or to the structure of our “basic governmental plan.” Proposition 8 changes the constitution to eliminate the fundamental right to marry for a particular minority group, and thereby violates the principle of equal protection and the separation of powers clause.
“Prop 8 eliminates the fundamental right to marry from same-sex couples and allows a slim majority to take away the equal protections of a single minority group, which violates one of the fundamental and founding principles of our Constitution,” said EQCA Executive Director Geoff Kors. “That type of unprecedented change to the Constitution puts the rights of all Californians at risk, and it’s critical in our system of checks and balances that the Legislature weigh in on such fundamental revisions to the Constitution.”
“The framers of our state’s constitution outlined distinct procedures to follow when enacting a revision to our state’s highest legal document,” said Leno. “These procedures are the rule of law, and must be followed when we’re talking about human beings’ fundamental rights.”
SR 7 and HR 5 will be heard in Committee and on their respective floors when the Legislature reconvenes in early 2009.
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Posted in AIDS, Ben Bruckner, Blake Wyzecki, Callie Leeson, Carl Horvath, Daphne Chanders, Debbie Novotny, Dr. David Cameron, Drew Boyd, Ethan Gold, Gardner Vance, HIV, James "Hunter" Montgomery, Jennifer Taylor, Police Chief Jim Stockwell, Proposition 14, Rage, Sam Auerbach, Vic Grassi, accountant, anti-gay, antigay, artificial insemination, crank, crystal meth, gay crusader, homophobic, superhero | Tagged: Article XVIII, California, California Constitution, California Legislature, Facebook, gay marriage, gay politicians, gay rights, House Resolution 7, LGBT Legislative Caucus, Livermore v. Waite, Marin, minority groups, Proposition 8, same-sex, san francisco, Senate Resolution 7, Senator Mark Leno, Sonoma | Leave a Comment »
Posted by aerosynth on December 3, 2008
FROM THE WINDY CITY TIMES:
By Yasmin Nair
2008-11-26
A proposal for a Chicago gay high school was abruptly taken off the agenda of the Chicago Public Schools Nov. 19 board meeting. Supporters and opponents of the proposal came to the downtown office of CPS, only to be handed a memo from The Office of New Schools informing them, “The Social Justice Solidarity High School proposal has been withdrawn from consideration during today’s Board meeting.”
Paula Gilovich, a member of the Design Team for the high school and the Education Director of About Face Theatre said that “community input after our October 8 public hearing created changes in our proposal that we were not comfortable with” and the team unanimously decided to withdraw the proposal. One of the changes was in the name of the school, which had originally been titled the Pride Campus of the Social Justice High School.
In addition, according to Gilovich, there were curriculum changes; About Face Theatre was taken out of the proposal; and language was watered down. According to her, “sexual orientation” became “orientation;” the word “identity” could not be included; and neither could “transgender,” which was changed to “appearance.”
News of the withdrawal of the proposal had gone out on e-mail the night before, according to Sam Finkelstein, a member of Gender JUST (Gender Justice United for Societal Transformation) . Finkelstein and other supporters decided to attend the meeting regardless “because we’d already done a lot of mobilizing. We don’t want CPS to define our agenda, and we needed to hold the Board of Education accountable.”
Some of the supporters who spoke out in support of the proposal felt that the design team had been forced to cave in. Roger Fraser said “I feel that there was political pressure on this design team from the mayor’s team on down to shelve it.” Andy Thayer, of Gay Liberation Network, said that “a handful of far-right anti-gay preachers worked with CPS hierarchy [ to withdraw the proposal ] . He added that “We’ve learned that some of the proponents of the Pride campus have had their jobs threatened.” According to CPS, the matter of whether or not people were threatened is under investigation.
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For the entire article, please CLICK HERE.
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Posted in Anastasius I, California Constitution, California Superior Court, John McCain, Justinian, Kathoey, Newt Gingrich, Theodosius I, ancient greece, ancient rome, antinous, claudius, effeminacy, florence, hadrian, ladyboys, male body, opposite-sex marriage, transvestism, venice, wrath of god | Tagged: san francisco, sfo, sf, castro, castro theatre, castro street, lgbt community, lgbt youth, bi-sexual dating, bi-sexual men, bi-sexual women, bi-sexual flag, bi-sexual male, bi-sexual female, bi-sexual preteens, bi-sexual youth, bi-sexual support, gay jokes, gay news, gay travel, gay test, gay pride events, glbt community, gay teens, sexual orientation, Chicago, gay high school, Chicago Public Schools, Social Justice Solidarity High School, Paula Gilovich, About Face Theatre, Pride Campus, Sam Finkelstein, Gender JUST, Andy Thayer, Gay Liberation Network, anti-gay preachers | Leave a Comment »