May 26, 2009 … The Anti-Defamation League (ADL) today expressed its profound disappointment with the California Supreme Court's 6-1 decision to uphold the passage of Proposition 8, which eliminates the right of same-sex couples to civil marriage.  Last year, the same Court correctly ruled that prohibiting such access violated the State Constitution.

In its amicus brief, ADL argued that Proposition 8 represents a revision to the State Constitution, rather than an amendment, and as such requires approval by the Legislature.  Though we are relieved that the Court upheld the validity of the 18,000 same-sex civil marriages performed before Proposition 8 passed, this does not compensate for allowing a bare majority of voters to deny a fundamental right to their fellow Californians.

ADL's five California regional offices, located in Los Angeles, Orange County, Santa Barbara, San Diego and San Francisco, issued the following statement:

We are disappointed by the court's determination that the passage of Proposition 8 represents an amendment rather than a revision to the California Constitution. The Court's ruling sets a dangerous precedent.  As we argued in our amicus brief, 'If the fundamental rights of gays and lesbians can be stripped away by a mere 52% majority, then future amendments will enable Californians to strip away fundamental rights from other disfavored groups.'

ADL remains committed to ensuring that same-sex couples have equal access to civil marriage, including the dignity and panoply of rights that accompany it.  We look forward to the day when California will re-join the ranks of states that are safeguarding this fundamental right.

The League joined a coalition amicus curiae brief, authored by the law firm of Proskauer Rose LLP.

The Anti-Defamation League, founded in 1913, is the world's leading organization fighting anti-Semitism through programs and services that counteract hatred, prejudice and bigotry.