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California's Proposition 8 goes to Supreme Court

By Catholic Online (NEWS CONSORTIUM)
June 7th, 2012
Catholic Online (www.catholic.org)

The U.S. Court of Appeals for the Ninth Circuit has denied a request from anti-homosexual groups to reconsider its landmark ruling in Perry v. Brown that found California's Proposition 8 unconstitutional, which denied the recognition of same-sex couples to marry. A three-judge panel of the Ninth Circuit On February 7, 2012 had earlier concluded that Proposition 8 violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

LOS ANGELES, CA (Catholic Online) - The Ninth Circuit panel majority  said that "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."
 
"This order is a great step forward to the day when all Americans will be able to marry the person they love," Plaintiffs' lead co-counsel David Boies said.

"Today's decision affirms what we have said from the beginning: marriage is a fundamental right and the unjustifiable denial of that right seriously harms gay and lesbian couples and their families. This is a great day for all Americans who care about equality."

The American Foundation for Equal Rights or AFER is the sole sponsor of Perry v. Brown, the federal constitutional challenge to California's Proposition 8.

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

The Ninth Circuit has also rejected Proponents' renewed attempt to impugn the reputation of the United States District Chief Judge who struck down Proposition 8.

Proponents of Proposition 8 claim that the now-retired Chief Judge Vaughn R. Walker was disqualified from ruling on Proposition 8 and that his historic decision should be vacated because he is gay and in a committed relationship.

The Ninth Circuit unanimously rejected that argument, stating: "To do otherwise would demonstrate a lack of respect for the integrity of our federal courts."

The American Foundation for Equal Rights is the sole sponsor of Perry v. Brown, the federal constitutional challenge to California's Proposition 8. After bringing together bipartisan attorneys Theodore B. Olson and David Boies to lead its legal team, AFER successfully advanced the Perry case through Federal District Court and the Ninth Circuit Court of Appeals.

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