While several million mail-in ballots remain to be counted, Prop 8 holds a lead of about 400,00 votes. Today a coalition of civil rights groups has filed suit to block Prop 8, as was expected if it passed.
Marches and gatherings are being held across the state in protest of the passage of Prop 8. In San Francisco, a candlelight vigil will start at 6:30pm in front of City Hall.
The American Civil Liberties Union, Lambda Legal and the National Center for Lesbian Rights filed a writ petition before the California Supreme Court today urging the court to invalidate Proposition 8 if it passes. The petition charges that Proposition 8 is invalid because the initiative process was improperly used in an attempt to undo the constitution’s core commitment to equality for everyone by eliminating a fundamental right from just one group – lesbian and gay Californians. Proposition 8 also improperly attempts to prevent the courts from exercising their essential constitutional role of protecting the equal protection rights of minorities. According to the California Constitution, such radical changes to the organizing principles of state government cannot be made by simple majority vote through the initiative process, but instead must, at a minimum, go through the state legislature first.