Emotional Board of Supervisors backs Prop. 8 challenge*

The Los Angeles County Board of Supervisors voted this afternoon to join a lawsuit filed by the City of Los Angeles, San Francisco and Santa Clara County challenging the constitutionality of Proposition 8, the anti-gay marriage initiative voters passed by a narrow margin this month.

The vote was carried by the board’s three Democrats: Supervisors Gloria Molina and Zev Yaroslavsky, who proposed the board join the lawsuit, and Supervisor Yvonne B. Burke, who voted in support.

Of the two Republicans, Supervisor Michael Antonovich was out of town, and Supervisor Don Knabe left the meeting just as speakers began.

More than a dozen speakers appeared in support of the board’s vote and opposition to Proposition 8, including Los Angeles City Atty. Rocky Delgadillo, San Francisco City Atty. Dennis Herrera and several gay couples. Both Molina and Yaroslavsky, who have officiated at same-sex wedding ceremonies since California legalized them in June, said they acted out of a sense of duty and personal responsibility.

Yaroslavsky pointed out a couple he married who were among those speaking in support of the vote.

“Some of us may ask why the county supervisors would be involved and get so involved in this issue,” Molina said, citing the board's responsibility to supply marriage license, uphold the law and “balance the enforcement of Proposition 8 with recognizing the constitutional right of all our citizens.” Molina added, “On a personal note, I am here to say that the passage of Prop. 8 saddened and angered me on various levels.”

Yarolslavsky noted that was “a close call” given how divided the state and county have been on the question of gay marriage. He said that he was not always a supporter of gay marriage (he supported civil unions instead) but said he “was persuaded” by colleagues and his children.

“It’s very important for the County of Los Angeles to be at the table on this,” he said. “It doesn’t hurt anybody. It doesn’t adversely affect anybody else.”

*Update: Antonovich had earlier said he would not support the legal challenge. His statement: "The appropriate time to have raised legal objections was prior to the election –- not after the people have once again voted on the issue. This move will disenfranchise voters who turned out in record numbers to participate in the process and have their voices heard.”

-- Molly Hennessy-Fiske

Photo: Robert Gauthier/Los Angeles Times

Comments

[FredW]

I'm disgusted that our, city, county and state resources are being used to overturn the will of the people.

Prop 8 supporters made a coherent, intellectual argument for marriage and mothers and fathers. What does the gay community give them in return? Militancy, violence and personal attacks on their commitment to the poor and on their faith. The bigotry and intolerance against religions is astounding.

[David]

I wish there were blogs in 1964.

I'll bet there would be the same negative comments about equal rights for blacks as there are now supporting proposition 8.

I wish we could read those comments now and compare the bigotry.

[FredW]

I applaud Mike Antonovich for his choice.

The people have spoken, they have voted and Prop 8 needs to be enforced.

Our government officials are sworn to uphold the law, which includes laws enacted by the will of the people.

We should start impeachment or recalls of those elected officials that violate the oaths of their office.

[TD]

hooray for the board of supervisors!

[Madeline]

For all the people screaming that your constitution can't be unconstitutional - that's actually not quite the problem. The problem is that the proposition was unconstitutional. Rather than being an amendment (ie: an addition), it was in stark opposition to a preexisting section of your constitution. As a result, you (constitutionally) needed to remove the offending preexisting section, or insert a clause saying that that section didn't cover those in same-sex relationships. That would constitute a revision, requiring a 2/3 vote. You didn't do that. Your vote doesn't count. Sorry.

The courts (state, supervisors, etc) aren't actually overturning your vote. They're saying that your vote was illegitimate, and that you didn't have the right to make it in the first place. You want to change that? Then you need to first change the clauses of your constitution that ban discrimination.

And as for marriage being a religious institution - guess what? I just founded a brand new religion that says same-sex marriage is entirely equal to heterosexual marriage. Since you respect the Jewish tradition of marriage, I suppose you'll have to respect mine too? No? Then don't try to claim the religious tradition argument.

Traditions change all the time. There are historically documented cases of same-sex marriage dating back centuries - I believe the earliest occurred in years with BC on the end, if memory serves. As for Christian ones, there are documented cases of same-sex marriage within the Catholic and Orthodox churches between the 8th and 18th centuries. Yes, it was never the norm. No, you do not still get to claim it's some perversion of history.

[Zach]

Thank you, Board of Supervisors, for defending our Constitution from those who don't know any better, and our minorities from those who would oppress them. Oh, you Yes on 8 people say YOU may be oppressed? Read up on how American government works - checks and balances prevent ANYONE from dictating to the country how it will be run, and that includes the people (a slim 52% majority, in this case). We don't elect politicians and appoint judges just for show, you know. The founding fathers thought they would do better at making law than the common man alone. Judging by some extremely ignorant comments here, it seems they were right.

[aneriz]

Democracy, what democracy?

Democracy respects the will of the people. California's courts should come out and express their desire to separate themselves from the rest of the Republic and become their own country. That way they can impose their governments will on every issue...oh wait, then they will have no place to borrow money!

[Jonny]

If you so called "Christians" who voted yes on Prop. 8 would have donated all of the money you spent on campaigning against it to a just cause such as the homeless or the starving then you would be soldiers in the eyes of the Lord.
Unfortunately you are just thieves stealing human rights from those who live in the houses and neighborhoods that surround you.

[Eric]

Thanks LA County. This is absolutely a civil rights issue and should be decided by the courts. Do you think southern voters would have voted for school integration in the 60's? Of course not. Thats why civil rights had to be enforced by the courts. The will of the majority cannot be imposed on someone when their civil rights are being violated.

We have been down this road before and the message is still the same......SEPERATE IS NOT EQUAL!!!!!!!!!!

[LA Land Fan]

You stupid silly Yes on Prop 8 people. Once again you pick and chose things from the bible that are convenient. Are you following everything in the bible as law? Of course not you hypocrite. This proposition should not have been on the ballot in the first place. You can't put something like this to a vote. Otherwise black people would still be slaves and women second class citizens. Why put propositions on the ballot to outlaw divorce? How about jail time for adultery? That would protect your 50% success rate "traditional marriage". You people are narrow-minded and ignorant and hypocrites!

[tom]

UN CON STI TU TIO NAL

[Trojan Fan]

I am a democrat and voted for Obama. I am also a Christian and voted for Prop 8. It doesn't mean that I harbor any hate towards gays. It means that I am in favor of the biblical principles that make up the very moral fabric of my being. These same principles allow me and many others like me to devote time and resources in support of worldwide ministries catering to the sick, hungry, impoverished, homeless, widowed, orphaned, elderly, and oppressed. How much worse off would the human condition be without Christian ministries? When it comes to exercising a personal vote, which in this country I am entitled to, I am not required to set aside the principles I live by. Rather than lash out at Prop 8 supportors, understand the underlying biblical principle that drives them and say you disagree. We will all stand before God someday and we all do what we believe is right. Not hateful.

[Zan]

As a gay woman who married the love of my life on June 17th, 2008... I feel I need to speak here. Good for the Supervisors for doing the right thing and standing up for the minorities against the lies that propogated such a strong anti-gay turn-out on election day. The fact is- THE YES ON 8 ADS LIED. That's the truth. If anyone did the research for themselves, they would have realized that. This isn't about religion- religion and politics do not belong in the same sentence. So here's my proposal- how about the government stops using the word "marriage" at all? When in fact they really mean a "civil union" in the case of ALL legal marriages... why don't we work on changing the word so that it applies to ALL unions- gay and straight alike? So that EVERY couple heading to the registrar's office is there to pick up a Civil Union license... and the LEGAL ceremony is just that- a legal civil union performed outside of the church! The church would no longer be able to perform LEGAL ceremonies, only religious marriages. In essence, EVERYONE can have a civil union, but only those that have a religious ceremony can then refer to themselves as "married" in the eyes of their God. I'm all for it, as long as we ALL have the same rights (which, as domestic partners, gays currently do NOT). What do you say? I'd vote YES on that compromise. Fair is fair.

[Tom]

If the Supreme Court takes the Prop 8 cases and for the second time thumbs its nose at the will of the people, then the common sense people who passed Prop 8 should take a page from the ongoing homosexual intimidation book: recall the Supreme Court justices. Remember, Rose Bird and her ilk thumbed their collective noses at the will of the people over the death penalty so the people booted them off the Supreme Court in 1980. We should do the same again. The people have twice spoke. Listen up Supreme Court.

[Donald from Hawaii]

For those persons who would claim that their vote for Proposition 8 was both supported and encouraged by their respective churches and religious denominations, I can only offer my own humble opinion that their Creator, and not their religious leaders, will be the final arbiter of this issue. If what these voters have done is right by their Creator, they have nothing to fear. If not, their own clergy's blessing will do them little good.

[Peter]

The current gay protests against Proposition 8 are cowardly. They are cowardly, because gays are afraid, absolutely AFRAID to confront the overwhelming, 70 to 30 support by black people. Blacks put Propositon 8 over the top. It is easy to hold a demonstration at Saddleback and other white churches. It much harder to confront the community that actually caused Proposition 8 to become law.

[michael]

To those who complain about allegedly activist courts, etc: We do have 3 branches of government in this country. There is a reason for the Judicial branch, including preventing minorities from getting treated unequally by the majority.

[RadioAngel]

I'm so sick and tired of being terrorized by special interest groups. I haven o problem with gays adopting kids, sharing a household and getting next of kin. These things they already have. Marriage, however, is a cultural norm that has roots going back to the beginning of civilization. This is why I voted yes on 8. You cannot overturn human history. The people have voted twice to not recognize gay marriage. If you want this so bad, go move to CT or MA where they recognize it. Leave the legal democratic voting process alone. Obviously either time it was catergorized as Constitutional. Stop acting acting like schoolchildren and deal with the fact that not everyone HAS to accept you. People have the right to their opinions, and you do NOT have the right to castigate them for it.

[Rick]

@richard - fair point, but if marriage is religious based, then why are secular governments issuing licenses for marriage? Should not all "marriages," regardless of the participants, be civil unions in the eyes of the state? Do not "marriages" violate the establishment clause of the U.S. Constitution if they are, as you say, "religious based?"

[Dracil]

The tyranny of the majority have spoken. Now we'll see if the system of checks and balances actually work.

[Zan]

"7) I would be surprised that more than a very small percentage of even homosexuals would believe that the BEST, HEALTHIEST AND MOST IDEAL HOME for a child is that of a LOVING MOTHER AND FATHER. Although many homes fall short of this for lack of love, a mother, or a father, it remains the BEST, HEALTHIEST AND MOST IDEAL. This is what the word “MARRIAGE” represents. Sorry, homosexuals, but the best you can provide within a homosexual relationship is less than the best possible. It is in the INTEREST OF SOCIETY AND CHILDREN to uphold “MARRIAGE” as this BEST, HEALTHIEST, AND MOST IDEAL HOME."

THIS is the most asinine argument- my solution to this: PASS AN AMENDMENT TO MAKE DIVORCE ILLEGAL since more than half of heterosexual marriages end up in DIVORCE COURT, battling over money, custody, infidelity, abuse, etc. etc. etc. etc. Like THAT is a healthy environment for a child? How can you be so hypocrital? I can promise you, my step-daughter has had several positive, male role-models in her life that are NOT her father (her father was neglectful and emotionally abusive- that's SO healthy)... and now she has TWO loving parents who are raising her to be an intelligent, responsible and productive member of society. This would NOT have happened under the care of her biological "father."

[betty4225]

I commend and applaud the LA County Board of Supervisors for supporting the fight against Proposition 8. Just because "The People" spoke, didn't mean they were right. Just because they were the majority didn't give them the right to strip rights away from a group of individuals in the minority.

I am not gay, but I am appalled by all of the excuses Proposition 8 supporters list here to validate their initiative. Many of them are the same excuses that were used over the last 100 years to discriminate against African Americans, Hispanics, Asians, etc.

They use these same excuses to keep their worlds safe because they life in fear of change. They can't accept that someone different should be allowed the same opportunities that they have That it will some how affect their lives and strip them of their moral center.

If their moral center and their religious faith were strong to begin with they would understand and see that we are all God's children and he doesn't discriminate between us or choose one group, one race, above another.

Gay men and women deserve the same equal rights that we all take for granted. I just find it hard to believe that in this century, in the same year that we just elected our first president who is not white, that there is still a group of people who thinks it's okay to deny another fellow amercan equal rights.

I find it even harder to believe that many of the so called "right" call themselves religious and quote God and what he would want. I was raised Catholic and believe that God wants the best for all of us, the good and the bad, black, white, rich , poor, straight, or gay.

[John C]

> "The "revision" legal objection was already raised in July and the court declined to hear it then. If it was a valid objection, they should have ruled on it then, not now after the election."

Actually, the court declined to hear it then because it was still in question whether Prop 8 would pass or not, and the court doesn't like to make decisions on hypothetical cases. If Prop 8 didn't pass they would have issued a ruling on a moot point. Now that Prop 8 did in fact pass, they're revisiting the original case.

> "This is not about discrimination. ... Each individual already has exactly the same marriage rights as every other individual."

You have the right to marry the person you love. Some of us desperately wish to do the same but do not now have that right.

[Reb]

The issue with Prop 8 is that many of you voted yes based on your religious beliefs which, in California, cannot trump the state constitution. When it comes to individual rights, the majority cannot rule. If that were the case, I would still be a slave in this country-DIDN'T A REPUBLICAN PRESIDENT OPPOSE SLAVERY, AND WASN'T HE ASSASSINATED FOR IT, THE MAJORITY OF AMERICANS WERE NOT FOR SLAVERY, WHO WAS IN THE SOUTH-DEMOCRATS.

Since many of you used religion your belief of religion to support Prop 8 -NO WE USED OUR VOTE TO SUPPORT IT-means this law will be overturned and people have every right to protest against your wanting to impose your religious beliefs on individual rights and freedoms-OUR PROTEST IS PROP 8, AND NOT ALL OF THE VIOLENCE FROM ITS OPPONENTS. I support the gay community in their fight and will boycott businesses who's owners supported and donated money to Prop 8. AND I WILL BOYCOTT BUSINESSES AND OTHERS WHO SUPPORTED IT, INCLUDING THIS PAPER AND APPLE AMONG OTHERS

I used to go to El Coyote every Sunday for dinner but I will find another local Mexican restaurant to spend my dollars.-JUST CANCELLED MY LA TIMES SUBSCRIPTION, AND SOLD ALL OF MY APPLE PRODUCTS

[Liz]

I applaud the supervisors for doing the right thing and protecting the rights of all of californias citizens.