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HomeMy WebLinkAboutRESO 9326Resolution 9326 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO WHEREAS, in May 2008, the California Supreme Court determined that the California Constitution's guarantees of privacy, liberty and equal protection gave same-sex couples the right to marry in California; and WHEREAS, in November 2008, California voters, by a margin of ?2% to 48%, overturned the Supreme Court's decision by approving Proposition 8, an initiative that amended the California Constitution to define marriage as a union of a man and a woman; and WHEREAS, voters in Santa Clara County rejected Proposition 8 by a margin of 55.8% to 44.2%; and voters in Palo Alto rejected Proposition 8 by an even greater margin of 76% to 24%; and WHEREAS, gay and lesbian couples sued to overturn Proposition 8 on the grounds that it violates federal constitutional rights to equal protection and due process of the law; and WHEREAS, the City of San Francisco joined the effort to overturn Proposition 8, arguing that the public sector's interest in economic and revenue development are harmed by the ban on same- sex marriage; and WHEREAS, nearly two dozen cities and counties representing 17 million Californians joined San Francisco in the litigation opposing Proposition 8, including the cities of Fremont, Laguna Beach, Los Angeles, Oakland, San Diego, Santa Cruz,Santa Monica and Sebastopol, and the counties of Alameda, Los Angeles, Marin, San Mateo, Santa Clara and Santa Cruz; and WHEREAS, gays and lesbians also challenged the federal Defense of Marriage Act (DOMA), a federal statute that defines marriage as a union of one man and one woman, on the grounds that it violates the u.S. Constitution's guarantee of equal protection of the laws; and WHEREAS, on March 26 and March 27, 2013, the United States Supreme Court heard oral arguments in the Proposition 8 and DOMA cases, and have now taken the two matters under submission with decisions expected by June 2013; and WHEREAS, Whereas a number of Bay Area cities, including Oakland and San Leandro, in recognition of the Supreme Court arguments and the imminent decisions in the Proposition 8 and DOMA cases, are flying the LGBT Rainbow Flag to symbolize political and cultural support for marriage equality and opposition to Proposition 8 and DOMA; and NOW, THEREFORE, BE IT RESOLVED, that the City Manager is authorized to fly the ~ainbow Flag in King Plaza, in recognition of Palo Altans' overwhelming rejection of Proposition 8 and as a symbol of the City of Palo Alto's support for the restoration of marriage equality for gays and lesbians in California. INTRODUCED AND PASSED: APRIL 1,2013 AYES: BERMAN, BURT, HOLMAN, KLEIN, KNISS, PRICE, SCHARFF, SCHMID, SHEPHERD NOES: ABSENTIONS: ABSENT: ATTEST: APPROVED: II- City Clerk Mayor APPROVED AS TO FORM: A4-$ City Attorney {D V City Manager