HRC Blog

California Supreme Court Makes Advisory Ruling in Prop 8 Case

rainbow flagPost submitted by Paul Guequierre, HRC Staff

Moments ago the California Supreme Court issued an advisory ruling that the proponents of Proposition 8 have standing to defend the constitutionality of California’s amendment stripping marriage equality from committed same-sex couples.  The Court’s opinion is in response to a request from the U.S. Court of Appeals for the Ninth Circuit as it considers the appeal of the historic August 2010 decision in Perry v. Schwarzenegger (now titled Perry v. Brown) that Prop 8 violates the guarantees of the U.S. Constitution.  The case now returns to the Ninth Circuit, which will have to decide if it agrees with the California Supreme Court.  That decision could be appealed to a broader panel of the Ninth Circuit and, eventually, the U.S. Supreme Court. After the ruling, HRC President Joe Solmonese issued the following statement:

"With today’s decision, the case challenging Prop 8 returns to federal court and we are one more step closer to ending discrimination against loving California couples.  Thousands of California families remain in legal limbo and we urge the Ninth Circuit to quickly issue its decision.  We thank the courageous plaintiffs, the American Foundation for Equal Rights, and the Olson-Boies legal team for their continued fight for the equality of all Californians.”

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