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发帖数: 19713 | 1 Plaintiffs Ask Supreme Court Not to Hear Prop. 8, Restore California
Marriage Equality
Lawyers for the gay and lesbian plaintiffs in Hollingsworth v. Perry (
formerly Perry v. Brown and Perry v. Schwarzenegger), the federal case
challenging the constitutionality of California's Proposition 8, today filed
a brief asking the nation's highest court not to hear the case. If the U.S.
Supreme Court declines to hear the case, lower court rulings that found
Prop. 8 unconstitutional will stand and marriage equality will be restored
in California, possibly by the end of this year.
"The Ninth Circuit found that eliminating the ability of gay and lesbian
couples to have their relationships designated as marriages — and
relegating them to separate and unequal domestic partnerships — achieves
nothing except the marginalization of gay and lesbian individuals and their
relationships, and therefore cannot withstand constitutional scrutiny,"
plaintiffs' attorneys Theodore B. Olson and David Boies wrote in today's
brief.
Last month, proponents of the 2008 ballot initiative filed a petition for a
writ of certiorari, asking the Supreme Court to reverse the rulings by the
Ninth Circuit and the U.S. District Court. In both earlier hearings, the
courts found that Prop. 8 was based in animus against gays and lesbians, and
was therefore unconstitutional.
In February, the Ninth Circuit Court of Appeals concluded that Prop. 8
violates the equal protection clause of the Fourteenth Amendment to the U.S.
Constitution. Today's brief cites that ruling, saying it "reflects a
correct and straightforward application of settled Supreme Court precedent."
It is unclear when the Supreme Court will decide whether or not it will hear
the case. Speculation abounds regarding the scope of a potential decision,
which could be limited to California or theoretically invalidate same-sex
marriage bans across the country. The American Foundation for Equal Rights,
the sole sponsor of the legal challenge, has more in-depth information on
the case, including a timeline charting the case's progress thus far. |
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