Unitarian Universalist Association and Allied Faith Groups File Lawsuit to Invalidate California Proposition 8

On November 17, 2008, the Unitarian Universalist Association (UUA), the Unitarian Universalist Legislative Ministry of California (UULM-CA), and other religious leaders and faith organizations representing millions of members, filed a petition with the California Supreme Court asking the Court to invalidate Proposition 8. The petition argues that Proposition 8 poses a severe threat to the guarantee of equal protection for all and was not enacted through the constitutionally required process for such a dramatic change to the California Constitution. The full text of the petition (PDF) is available online.

The petition is filed on behalf of the California Council of Churches, the General Synod of the United Church of Christ, two Episcopal Bishops (of California and Los Angeles), the Progressive Jewish Alliance, the Unitarian Universalist Association of Congregations, the Unitarian Universalist Legislative Ministry of California, and the Northern and Southern California Nevada Conferences of the United Church of Christ. The groups are represented by Eric Isaacson, a Unitarian Universalist attorney based in San Diego, and by Jon B. Eisenberg of Eisenberg and Hancock, LLP, based in Oakland.

“Proposition 8 denies an entire class of citizens a basic civil right—the freedom to marry the person of their choice” said Rev. William G. Sinkford, President of the Unitarian Universalist Association. “Even worse, this amendment writes discrimination into the California Constitution. As people of conscience, we cannot permit legalized bigotry to attack California couples and families.”

The UUA has advocated for civil equality for gays, lesbians, bisexuals, and transgender people for several decades. In 1996 the UUA’s General Assembly voted overwhelmingly to call for full legal marriage rights for same-sex couples. Hundreds of legally recognized same-sex weddings have been celebrated in UU churches in Massachusetts, Connecticut, and California.

The petition cites the California Constitution's declaration, in Article I, section 1, of the “inalienable” rights of all persons under the law: “This equal protection principle is the basis of our governmental social contract and thus the bedrock foundation upon which our state Constitution is built. It cannot be overridden by fleeting majorities.”

Eric Isaacson, attorney for the petitioners and a member of the First Unitarian Universalist Church of San Diego, explained why Proposition 8 threatens other minorities, including faith groups: "California's Constitution is based upon each person's equality before the law. To deprive people of equal protection of the laws on the basis of sexual orientation thus amounts to more than a simple amendment—it is a breach of the fundamental agreement that is our Constitution. If that can be accomplished by a simple majority vote, then all potential targets of discrimination are at risk—including religious groups."

“We are heartened by the outpouring of support from across the country,” said Rev. Lindi Ramsden, Executive Director of the Unitarian Universalist Legislative Ministry of California, a group that fought against Proposition 8. "We trust that ultimately love will prevail over fear.”