Statement by D’Arcy Kemnitz, Executive Director of the National LGBT Bar Association on the Ruling of the California Supreme Court on Proposition 8

CONTACT: Eric Wingerter, (202) 243-9995
 

May 26, 2009

Washington—The National Lesbian Gay Bisexual and Transgender (LGBT) Bar Association, the nation’s leading association of LGBT legal professionals, today issued a statement on the California Supreme Court decision allowing Proposition 8 to stand. “Prop 8,” a statewide voter initiative which redefined marriage in California as between a man and a woman, passed narrowly in November 2008 after a highly contentious effort from both sides of the marriage equality issue.

“It is a sad day when the courts, charged with protecting the minority from the tyranny of the majority, uphold a system where fundamental rights are decided by popular vote,” said D’Arcy Kemnitz, Executive Director of the National LGBT Bar Association.

However, the Supreme Court also ruled that the approximately 16,000 same-sex marriages already performed in the state must still be legally recognized by the State of California.

“The power to dissolve a marriage is not one that should be contained in the ballot box,” said Kemnitz. “Although we are disappointed with the Court’s decision to uphold voter-driven discrimination against gay and lesbian couples, we take some comfort in knowing that a union formed by two people cannot be undone by the signature of seven.”