HomeMy WebLinkAboutStaff Report 3685
City of Palo Alto (ID # 3685)
City Council Staff Report
Report Type: Meeting Date: 4/1/2013
City of Palo Alto Page 1
Summary Title: Rainbow Flag Raising, Proposition 8, and DOMA
Title: Authorization to the City Manager to Fly the Rainbow Flag in King Plaza
and Potential Adoption of a Resolution Authorizing the City Manager to Fly
the Rainbow Flag in King Plaza; and Possible Additional Discussion and
Action Adopting a Position Regarding Proposition 8 and/or the Federal
Defense of Marriage Act (DOMA)
From: City Manager
Lead Department: City Manager
Recommendation
Staff recommends that Council authorize the City Manager to fly the Rainbow Flag in King Plaza
and potentially adopt a resolution authorizing the City Manager to Fly the Rainbow Flag in King
Plaza; and have possible additional discussion and action adopting a position regarding
Proposition 8 and/or the federal Defense of Marriage Act (DOMA).
Background
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. In November 2008, California voters, by a margin of 52% 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. 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%.
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. Nearly two dozen cities
and counties representing 17 million Californians have since joined 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. 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
City of Palo Alto Page 2
woman, on the grounds that it violates the U.S. Constitution’s guarantee of equal protection
and due process of the law.
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. 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 lesbian, gay, bisexual, and transgender (LGBT)
Rainbow Flag to symbolize political and cultural support for marriage equality and opposition to
Proposition 8 and DOMA.
Discussion
The City has a policy regarding the flying of the national, state and local flags at half-staff to
recognize the passing of certain officials, but does not otherwise have an official policy
addressing the flying of specialized flags on a time-limited basis for the purposes of celebration
or to recognize significant cultural, historic or community events. Staff will evaluate a uniform
policy on the raising of special flags within the context of existing state and federal flag
protocols.
The proposed action authorizes the City Manager, at his discretion, to temporarily fly the LGBT
Rainbow Flag at key times and events during the proceedings in the Supreme Court on
Proposition 8 and the DOMA cases related to same-sex marriage. The City Council may also
wish to discuss and consider taking a position on Proposition 8 and/or the federal Defense of
Marriage Act (DOMA).
Attachments:
Attachment A. Resolution (DOC)
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 52% 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 Rainbow
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:
ATTEST: APPROVED:
___________________ ______________________
City Clerk Mayor
APPROVED AS TO FORM:
____________________ ______________________
City Attorney City Manager