The Ninth Circuit Court Got It Right The First Time; Prop 8 Decision Stands
The Ninth Circuit Court of Appeals has denied a petition from anti-equality groups to rehear the decision that struck down Prop 8.
In order to rehear, the majority active duty judges on the court would have had to vote for an en banc hearing, but they apparently realized that they got it right the first time.
“Two federal courts in this case have affirmed what we know to be true ― that Proposition 8 seriously infringes on the guarantee of equal protection and serves no legitimate state interest,” said Equality California board member David Codell, who provides pro bono legal representation to Equality California on marriage-related issues. “We agree with the majority of the judges of the Ninth Circuit that there was no need to rehear this case because the decision to strike down Proposition 8 rested on solid constitutional principles.”
“Americans of all backgrounds, including the President of the United States, are coming to understand that same-sex couples want the freedom to marry for the same reason as other loving, committed couples―to make a lifetime commitment in front of friends and family and have the security of marriage that allows couples and families to care for one another,” said Equality California Board President Clarissa Filgioun. “Through our movement’s work in the court of public opinion and our courts of law, we are, with each passing milestone, one step closer to putting and end to Proposition 8 for good.”
Prop 8 supporters now have 90 days to decide whether to appeal to the U.S. Supreme Court or whether to can the whole thing and embrace equality. Should they appeal and the Supreme Court accept the case, a decision is likely by the middle of 2013.
Mercury News: California’s Prop 8 case headed to U.S. Supreme Court.