Landmark Decision Striking Down Prop 8 WILL Stand

Today, lesbian and gay couples celebrate yet another victory!

Here’s the press release from AFER:
Landmark Decision Striking Down Proposition 8 Will Stand
Ninth Circuit Denies Petition for Rehearing En Banc Filed by Anti-Marriage Proponents of Prop. 8
*** AFER to Hold National Media Conference Call at 10:30 a.m. PDT ***
RSVP to melissa@afer.org for access code
San Francisco, CA – Today, the United States Court of Appeals for the Ninth Circuit denied a request from anti-marriage forces to reconsider its landmark ruling in Perry v. Brown that found California’s Proposition 8 unconstitutional.  Proposition 8 stripped gay and lesbian Californians of the fundamental freedom to marry.
The American Foundation for Equal Rights (AFER) is the sole sponsor of Perry v. Brown, the federal constitutional challenge to California’s Proposition 8.  AFER will hold a national media conference call at 10:30 a.m. PDT to discuss the significance and impact of today’s order.  Speaking on the call will be Plaintiffs’ lead co-counsel Theodore B. Olson and David Boies; and AFER co-founder Chad Griffin.
“Today’s order is yet another federal court victory for loving, committed gay and lesbian couples in California and around the nation,” said AFER co-founder Chad Griffin.  “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.”
On February 7, 2012, a three-judge panel of the Ninth Circuit concluded that Proposition 8 violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.  The Ninth Circuit panel majority held:
“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.”
The request for a larger eleven-judge panel of the Ninth Circuit to reconsider the case, known as rehearing en banc, is only granted upon a majority vote of the Ninth Circuit’s 25 judges in regular active service at the time Proponents’ petition was filed.
The Ninth Circuit also rejected Proponents’ renewed attempt to impugn the reputation of the United States District Chief Judge who struck down Proposition 8.  Unable to defend Proposition 8 on its merits, Proponents 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 Proponents’ offensive argument, stating: “To do otherwise would demonstrate a lack of respect for the integrity of our federal courts.”
READ THE NINTH CIRCUIT’S ORDER GRANTING REHEARING EN BANC HERE: www.afer.org/legal-filings/ninth-circuit-en-banc-order/   

————————————

Stay connected with our Social Media Pages:

Connecticut Lesbian and Gay Law blog on Facebook for all blog posts from this blog as well as additional stories and links of interest to the LGBT community. 

Attorney O’s Midnight Musings Blog on Facebook for all blog posts from that blog as well as other legal news.

Law Offices of Irene C. Olszewski, LLC on Facebook

Law Offices of Irene C. Olszewski, LLC on Google+

Law Offices of Irene C. Olszewski, LLC on Twitter

Be sure to LIKE our pages and become a follower!

————————————

Disclaimer: The information, comments and links posted on the blog do not constitute legal advice. I will not respond to any specific legal questions in the comments section of this blog.  Read my entire disclaimer.

copyright 2012 Irene C. Olszewski, Esq.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s