Federal Appeals Court Refuses To Revisit Proposition 8
More Light Presbyterians gives thanks for the 9th U.S. Circuit Court of Appeals ruling refusing to consider a prior ruling that struck down Proposition 8. The ruling had found Proposition 8 unconstitutional because it denied LGBT couples the right to marry. The case is expected to be appealed to the United States Supreme Court.
The 9th U.S. Circuit Court of Appeals cleared the way on Tuesday for the U.S. Supreme Court to consider California’s gay marriage ban, declining an appeal to revisit the case.
Supporters of the 2008 ban, Proposition 8, have lost two rounds in federal court but have made clear they will appeal to the U.S. Supreme Court and hope for a favorable response from the conservative-leaning court.
The top U.S. court could agree to hear the matter in the session beginning in October, putting it on track to decide the case within a year. It could also decline to review Prop 8.
President Barack Obama last month turned gay marriage into a 2012 campaign issue, saying he believed same-sex couples should be able to marry. Republican Mitt Romney disagrees…
The U.S. Supreme Court would set national precedent if it decided to take the California case. Appeals courts have so far declined to rule broadly on whether marriage is a fundamental human right for same-sex couples as well as heterosexuals.
The American Foundation for Equal Rights writes:
Today marks a monumental turning point in our case for equality. AFER’s federal constitutional challenge to Proposition 8 is now entering its final stage. The Ninth Circuit Court of Appeals decided today it will not rehear our case. Now, there are only two things that could happen: Couples start getting married again in California; or Our case for marriage equality goes to the U.S. Supreme Court.
Freedom to Marry writes:
The Court’s decision to deny the en banc rehearing of Perry v. Brown brings us one step closer to tearing down the discriminatory barrier to marriage in California. Freedom to Marry applauds the Court’s decision and acknowledges the American Foundation for Equal Rights – which brought the challenge to Proposition 8 in 2009 – and their instrumental role in advancing the freedom to marry in California.
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