• Posted on Wednesday, February 18, 2009
  • Bookmark and Share
  • email
  • |
  • print
  • |
  • rss

tool name

close
tool goes here

In California's Prop 8 battle, echoes of 1966 housing case

Sign up for email newsletters now!

Sign up for email newsletters now!

Never miss a McClatchy story

As Derald Granberg follows the legal challenge to Proposition 8 now before the California Supreme Court, he thinks back to 1966.

That year, in a case that divided Californians as much as same-sex marriage does today, the court overturned a voter-approved measure that had allowed housing discrimination based on race.

Granberg, now 80, recalls sitting in on meetings during which Thomas Lynch, then California's attorney general, decided to challenge that measure.

"Here's an attorney general who's so convinced that the right thing to do is to challenge something that's been approved by a 65 percent vote of the public," said Granberg, who was working back then as a lawyer in the attorney general's office. "To me, that was really politically courageous."

Just as Lynch did in the 1960s, Attorney General Jerry Brown is challenging a constitutional amendment approved by voters. But unlike the earlier case, Brown is relying on the state constitution, not the U.S. Constitution, to make his arguments for overturning Proposition 8.

Overwhelmingly approved by voters, Proposition 14 of 1964 invalidated the Rumford Act, which the California Legislature had passed a year earlier. The law had made it illegal for property owners to refuse to rent or sell to people because of their race. The ballot measure overturned the law.

A former actor named Ronald Reagan, who had opposed the federal Civil Rights Act of 1964, was a campaign spokesman.

"If an individual wants to discriminate against Negroes or others in selling or renting his house," Reagan declared, "he has a right to do so."

Two years after Proposition 14 passed, the state Supreme Court struck it down, saying it violated the U.S. Constitution. The U.S. Supreme Court later upheld the decision.

To read the complete article, visit www.sacbee.com.

JOIN THE DISCUSSION

We welcome comments. To post one, you must sign in using either your McClatchyDC login or your login for Facebook, Twitter or Disqus. Just click the appropriate box below.

Please keep your comment civil, short and to the point. Obscene, profane, abusive and off topic comments will be deleted. Repeat offenders will be blocked. If you find a comment abusive or inappropriate, please flag it for the moderator by placing your cursor on the comment, then clicking the "flag" link that appears. Thanks for your participation.

POLITICS & GOVERNMENT BLOG

Planet Washington

"Planet Washington" is a group blog by journalists in McClatchy's Washington Bureau. Send a story suggestion.