The 9th U.S. Circuit Court of Appeals will begin hearing oral arguments in the Prop 8 trial (Perry v. Schwarzenegger) on Monday, Dec. 6 at 10 a.m. in San Francisco, according to the Associated Press as reported by Mercury News. The three-judge panel that will decide the case will be announced in the week prior to the hearing.
Prop 8 supporters will attempt to argue in favor of re-enacting the ban on gay marriage in California, while the legal team organized by the American Foundation for Equal Rights (AFER), the sole sponsor of the challenge to the law, will reiterate the unconstitutionality of Proposition 8.
In a brief filed by the AFER on Monday, attorneys Theodore Olson and David Boies wrote, “Fourteen times the Supreme Court has stated that marriage is a fundamental right of all individuals. This case tests the proposition whether the gay and lesbian Americans among us should be counted as ‘persons’ under the 14th Amendment, or whether they constitute a permanent underclass ineligible for protection under that cornerstone of our Constitution.”
To view some filings and case documents of interest related to this case, view this page at the 9th Circuit’s website.
