American Foundation for Equal Rights
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.”
Human Rights Campaign
Once
again, a federal court has affirmed that the cherished guarantees of
our Constitution are there to protect all Americans – including lesbian,
gay, bisexual and transgender people. For over three years, the
plaintiffs, the American Foundation for Equal Rights, and attorneys Ted
Olson and David Boies have shown tremendous fortitude and perseverance
in their fight for marriage equality. With today’s announcement, we are
one step closer to ensuring that gay and lesbian Californians – and,
one day, our entire community nationwide – are able to join the
institution of marriage and have their love and commitment respected
equally.
Marriage Equality USA
The
momentum for the freedom to marry seems unstoppable. Three weeks ago,
the President of the United States announced his support for marriage
equality. Last week, the 1st Circuit Federal Court of Appeals held that
the so-called Defense of Marriage Act is unconstitutional. And today,
the 9th Circuit Federal Court of Appeals upheld its earlier decision
striking down Proposition 8. Nationwide polls have shown majority
support for the freedom to marry for the last two years, and
Californians now favor marriage equality by a 59 – 34 percent margin,
according to the latest polling.
National Center for Lesbian Rights
Today’s
refusal by the Ninth Circuit to grant further review is a testament to
the meticulous and well-reasoned opinion originally issued by the Court.
While the supporters of Proposition 8 will now seek review by the U.S.
Supreme Court, there is no doubt that they are on the wrong side of
history. Excluding same-sex couples from the right to marry runs counter
to our highest ideals of equality and fairness.
More reactions to follow as they arrive...
BREAKING: Ninth Circuit Court Of Appeals DENIES Rehearing Of Proposition 8
Here's the ruling:
The
full court was advised of the petition for rehearing en banc. A judge
requested a vote on whether to rehear the matter en banc. The matter
failed to receive a majority of the votes of the non-recused active
judges in favor of en banc consideration. Fed. R. App. P. 35. The
petition for rehearing en banc is DENIED. The mandate is stayed for
ninety days pending the filing of a petition for writ of certiorari in
the Supreme Court. If such a petition is filed, the stay shall continue
until final disposition by the Supreme Court.
Reactions and analysis to follow shortly....
Reposted from Joe
