The Real Threat of Prop 8 and Why It Must Be Overturned

The Asian Pacific American Legal Center of Southern California, where I work, is the nation’s largest public interest law firm devoted to the Asian American community. We spend every day fighting discrimination and seeking a more just and equitable society, for not only Asian Americans but other minority groups as well, as we believe that the fates of all communities are closely connected. As civil rights lawyers, APALC relies on the independence of the courts to prevent discrimination and to ensure that all people are treated fairly and equally by our laws, as required by our Constitution.

On November 5, 2008, as we realized that Prop. 8 might pass, we grappled with one of the greatest fears that any civil rights lawyer can face – that the rights of minority groups that we have worked so long and so hard to ensure might become undone by a simple majority vote. We realized that Prop. 8 threatens the very core of our Constitution, because it takes away a fundamental right from a protected minority group – and we were compelled to join other leading civil rights organizations, including the NAACP, Equal Justice Society, and the Mexican American Legal Defense and Educational Fund in filing a ‘friend of the court’ brief in the case to invalidate Prop. 8.

As we stated in our brief, this case is not about same-sex marriage – it is about ensuring that all minority groups are protected equally before the law. The question before the California Supreme Court is whether a ballot measure can deprive one minority group of its fundamental rights. The answer must be no because any other answer puts all of our communities and our basic Constitutional principles at risk. In other words, if a simple majority can strip gays and lesbians of the fundamental right to marry, then there is nothing to prevent a simple majority from taking fundamental right away from other protected groups, whether its Asian Americans, African Americans, Latinos, women, or religious minorities.

If Prop. 8 is allowed to stand, the very principle of equal protection is threatened. And once equal protection is threatened, justice is threatened.

Injustice exists; sometimes, it even results from the decision of a majority of the voters in an election. But all people, regardless of how we vote, depend on the courts to protect us against injustice. We should never allow the fundamental principles of our Constitution to be subject to a simple majority vote – majorities can turn on any group at any point and it is a basic principle of America’s democratic system that the courts, legislators and voters provide checks and balances against each other.

The California Supreme Court must retain its independence, enforce our Constitution, and invalidate Prop. 8. Together, we can stamp out injustice everywhere.

Click here to read the brief they filed: Asian Pacific American Legal Center, et al.

The Asian Pacific American Legal Center of Southern California (APALC) is the nation's largest legal organization serving the Asian and Pacific Islander (API) communities. Founded in 1983, APALC is a unique organization that combines traditional legal services with civil rights advocacy and leadership development.

The mission of APALC is to advocate for civil rights, provide legal services and education and build coalitions to positively influence and impact Asian Pacific Americans and to create a more equitable and harmonious society.