Ninth Circuit Declines to Rehear Prop 8 Case
June 5, 2012 by HRC staff
Post submitted by Brian Moulton, Former HRC Legal Director
In an announcement that could lead either to a return to marriage equality in California or a historic case before the U.S. Supreme Court, today the full U.S. Court of Appeals for the Ninth Circuit declined to review a February decision of that court ruling that California’s constitutional amendment stripping loving, committed gay and lesbian couples of marriage violates the U.S. Constitution. With today’s announcement, the proponents of Prop 8 are now likely to seek review by the U.S. Supreme Court and the Ninth Circuit is likely to continue the stay of its decision until that process is complete. In the event that the Supreme Court decides not to hear the case, the lower court ruling would stand and gay and lesbian couples would again be able to marry in California.
In response to a 2008 decision by the California Supreme Court ending marriage discrimination in the state, anti-equality forces succeeded in placing a constitutional amendment on the November ballot. Despite over 18,000 same-sex couples having married, California voters adopted the amendment, known as Proposition 8. After the California Supreme Court determined in 2009 that the adoption of Prop 8 did not itself violate the California Constitution, two plaintiff couples – Kris Perry and Sandy Stier and Paul Katami and Jeff Zarrillo – filed suit against the State of California in federal court, represented by attorneys Ted Olson and David Boies and supported by the American Foundation for Equal Rights (AFER), an organization co-founded by incoming HRC President Chad Griffin. The proponents of Prop 8 intervened in the case to defend the constitutionality of the amendment.
Judge Vaughn Walker, then-chief judge of the U.S. District Court for the Northern District of California, held a historic trial in January 2010, in which the plaintiffs presented substantial testimony and evidence to show that Prop 8’s only purpose is to discriminate against same-sex couples. In August 2010, in a historic decision, he concluded Prop 8 is unconstitutional. That ruling was appealed to a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, which affirmed Walker’s conclusion that Prop 8 in unconstitutional in February 2012, but stayed its decision as the proponents sought a rehearing.
AFER has put together a great infographic detailing where we are and what comes next for the Prop 8 case.
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