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On Tuesday, February 12, 2013, the City of San José voted to join in the City of San Francisco’s efforts to challenge the constitutionality of Proposition 8. In response to a memorandum authored by San Jose Councilmember Ash Kalra and co-signed by Councilmembers Xavier Campos, Kansen Chu, and Don Rocha seeking to join in the City of San Francisco’s forthcoming submission to the United States Supreme Court, challenging of the constitutionality of Proposition 8, the San Jose City Council voted 9-1 to officially support San Francisco’s efforts. Mayor Chuck Reed cast the lone dissenting vote.
Proposition 8 was a California ballot measure that sought to amend the California Constitution by only recognizing the right of heterosexual couples to marry, thereby banning same-sex marriages. The measure narrowly passed in November 2008; however, in the City of San José and in eight of the nine Bay Area counties, including Santa Clara County, voters rejected Proposition 8.
The United States Supreme Court recently decided to review a February 2012 decision by the Ninth Circuit Court of Appeals which held that Proposition 8 was unconstitutional. Oral arguments will be heard by the Supreme Court on March 26, 2013. The City of San Francisco, which has been at the forefront of the battle for marriage equality, will present arguments against Proposition 8 in front of the Supreme Court.“I am very glad that the City Council stood with me and joined in the fight for marriage equality,” said Councilmember Kalra. “Proposition 8 stands for nothing more than legalized discrimination, and I am proud that San Jose has chosen to take a stand on this critically important issue of equal rights.”