“The citizens of California rely on the Legislature and the courts to safeguard against unlawful discrimination by temporary, and often short-lived, majorities,” said the legislators. “Our states few deviations from this duty have proven, with the perspective of historical distance, to be the most abhorrent chapters in our State’s history… The Legislative Amici urge this Court to prevent the momentary passions of a bare majority from compromising the enduring constitutional promise of equal protection under the law. Proposition 8’s radical change to our constitutional protections cannot be considered a mere ‘amendment.’ The California Constitution — ‘the ultimate expression of the People’s will’ — requires the involvement of the Legislature in a constitutional revision of this magnitude.”
“I am joining more than 29 members of the Assembly Democratic Caucus in supporting this brief,” said [Assembly] Speaker [Karen] Bass. “The inalienable right to equal treatment under the law must be protected and upheld.”
This was from today’s statement by the 40+ state legislators that filed a “friend of the court” brief siding with the plaintiffs in the lawsuit to overturn Prop 8 and permanently banish discrimination from the state constitution. Hopefully, this is only the beginning of good news to come in this important case to right what went wrong last week.
Most importantly, the legislators make a good case that a judicial rebuke of Prop 8 is NOT “undoing the will of the people”. Rather, the state constitution, the preeminent will of the people, stipulates that the “tyranny of the simple 50%+1 majority” must not be used to strip minority groups of fundamental rights.
I only hope the judges read this statement with open minds and open hearts.