Federal Appeals Court: California’s Proposition 8 Is Unconstitutional
February 7, 2012 by HRC staff
Post submitted by Michael Cole-Schwartz, Former HRC Director of Communications
The U.S. Court of Appeals for the Ninth Circuit just announced a historic decision affirming the August 2010 conclusion of U.S. Chief Judge Vaughn Walker of the U.S. District Court for the Northern District of California in Perry v. Schwarzenegger (now Perry v. Brown) that the amendment to the California Constitution barring marriage for same-sex couples, adopted in November 2008 as Proposition 8, violates the U.S. Constitution. In a 2-1 decision authored by Judge Reinhardt, the court agreed that Proposition 8’s only purpose in denying gay and lesbian Californians the freedom to marry was anti-gay animus, something the Constitution does not permit.
The proponents of Prop 8 are now likely to appeal this decision, either to be considered by a larger panel of the Ninth Circuit (referred to as an en banc rehearing) or for review by the U.S. Supreme Court.
Following today’s decision, HRC President Joe Solmonese made the following remarks:
“Today’s decision affirms what we all know to be true – our Constitution protects the basic civil rights of all Americans, including lesbian, gay, bisexual and transgender people. Proposition 8 does nothing to strengthen or protect any marriage. Instead, it singles out thousands of loving California families for different treatment, simply because they are gay and lesbian couples. We applaud the Ninth Circuit for recognizing that our Constitution cannot tolerate such egregious discrimination.
We thank the courageous plaintiff couples, the American Foundation for Equal Rights, and attorneys Ted Olson and David Boies for their years of work leading to today’s decision. This is not the end of the road, for this case or for the larger struggle for marriage equality. We must all continue our work – in courthouses and statehouses, in church pews and living rooms – until equality is reality for LGBT people and our families everywhere.”
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