Opponents to marriage equality have petitioned the Supreme Court to overturn the February ruling that struck down California’s Proposition 8. They cited the Ninth Circuit Court of Appeals decision as “misguided.”
“The Supreme Court has made it very clear that the age-old definition of marriage as the union of one man and one woman is constitutional as a matter of state public policy,” said Charles Cooper, Project Marriage’s lead attorney on the case. “The lower the court decisions essentially rejected all relevant Supreme Court and appellate court precedent while attacking the character and judgment of millions of Californians.”
This appeal to the Supreme Court keeps Prop 8 in effect, even though two federal courts have declared it unconstitutional, and will remain on hold until the Supreme Court decides whether to review the case; the decision to take the case requires four votes by the high court.
Appeals courts had ruled that Prop 8 was unconstitutional because it discriminated against minorities for no reason and its purpose was to “lessen the status and human dignity of gays and lesbians.”
Equality California, an advocacy group, said the Supreme Court doesn’t need to review the case.
“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 David Codell, Equality California board member. “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.”
Prop 8 supporters didn’t appeal the appeals courts’ decision that Judge Vaughn Walker would not be disqualified because he is a gay man with a longtime partner.
Photo: techbanyan.com
