The Prop 8 controversy continues…After California’s state constitutional ban on gay marriage shockingly passed on November 4 by a 52.3% to 47.7% vote, many groups of people are in an uproar. Protesters are flocking the streets and lawyers are getting involved. Filing court briefs on Monday in support of a petition seeking to overturn Proposition 8, the petition was filed on behalf of six same-sex couples by Shannon Minter, legal director of the National Center for Lesbian Rights in San Francisco, and Gregory D. Phillips, a partner in the Los Angeles office of Munger, Tolles & Olson.

On behalf of 44 state legislators, one brief filed by a team of LA-based lawyers, Gibson, Dunn & Crutcher, argued that Prop 8 “constitutes a change in the constitution that discriminates against a minority group–something that requires a two-thirds vote of the legislators, not a simple majority vote.

According to a brief written by Ethan Dettmer, a partner in the San Francisco office of Gibson Dunn, Proposition 8, which defines marriage between a man and a woman, “purports to strike at the heart of” the equal protection guarantee and should be invalidated because it was enacted as an amendment, not a revision.

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