Proposition 8

Marriage equality advocacy groups hail appeals court decision not to rehear Prop 8 case


Staff Reports

Marriage equality and gay rights advocates on Tuesday hailed a decision by the full Ninth Circuit U.S. Court of Appeals to refuse to review a panel’s decision that Proposition 8 is unconstitutional.

The refusal means almost certainly that proponents of California’s ban on same-sex marriage will soon file an appeal to the U.S. Supreme Court.

Reaction and commentary:

American Foundation for Equal Rights

“Today’s order is yet another federal court victory for loving, committed gay and lesbian couples in California and around the nation,” said AFER co-founder Chad Griffin.

“The final chapter of the Proposition 8 case has now begun. Should the United States Supreme Court decide to review the Ninth Circuit’s decision in our case, I am confident that the Justices will stand on the side of fairness and equality.

“Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples. The Constitution simply does not allow for laws of this sort.”

Human Rights Campaign

“Once again, a federal court has affirmed that the cherished guarantees of our Constitution are there to protect all Americans – including lesbian, gay, bisexual and transgender people,” said HRC president Joe Solmonese.

“With today’s announcement, we are one step closer to ensuring that gay and lesbian Californians – and, one day, our entire community nationwide – are able to join the institution of marriage and have their love and commitment respected equally.

“Today’s announcement is another significant step on a path that we all know leads to equality. While the U.S. Supreme Court may ultimately decide the outcome of this case, we must all continue to walk that path – in this case and other courtrooms, in legislatures, at ballot boxes and at kitchen table – until all LGBT people are fully and equally part of the American community.”

Equality California

“Two federal courts in this case have affirmed what we know to be true — that Proposition 8 seriously infringes on the guarantee of equal protection and serves no legitimate state interest,” said Equality California board member David Codell.

“We agree with the majority of the judges of the Ninth Circuit that there was no need to rehear this case because the decision to strike down Proposition 8 rested on solid constitutional principles.”

“Americans of all backgrounds, including the President of the United States, are coming to understand that same-sex couples want the freedom to marry for the same reason as other loving, committed couples — to make a lifetime commitment in front of friends and family and have the security of marriage that allows couples and families to care for one another,” said Equality California Board President Clarissa Filgioun.

Marriage Equality USA

“The momentum for the freedom to marry seems unstoppable,” said Stuart Gaffney, Marriage Equality USA’s Media Director.

“Three weeks ago, the President of the United States announced his support for marriage equality. Last week, the 1st Circuit Federal Court of Appeals held that the so-called Defense of Marriage Act is unconstitutional. And today, the 9th Circuit Federal Court of Appeals upheld its earlier decision striking down Proposition 8.

“Nationwide polls have shown majority support for the freedom to marry for the last two years, and Californians now favor marriage equality by a 59 – 34 percent margin, according to the latest polling,” said Gaffney.

More reaction as it is released.

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