FOR IMMEDIATE RELEASE
July 31, 2012
PRESS CONTACTS:
Elizabeth Riel 310.560.4886 or elizabeth@afer.org
Manny Rivera 323.892.2081 or manny@afer.org
U.S. Supreme Court Asked to Hear Proposition 8 Case
Plaintiffs’ Attorneys: We are ready to defend our victories before the Supreme Court
Washington, DC – Today, the proponents of
California’s Proposition 8 asked the United States Supreme Court to
review the landmark federal appeals court ruling in Perry v. Brown (now Hollingsworth v. Perry) that found Proposition 8 unconstitutional. Proposition 8 stripped gay and lesbian Californians of the fundamental freedom to marry.
“The Supreme Court has long held that the freedom to marry is one of
the most fundamental rights—if not the most fundamental right—of all
Americans,” said Plaintiffs’ lead co-counsel David Boies. “As we have
said from the very beginning of this case, the denial of that
fundamental right seriously harms gay and lesbian Americans and the
children they are raising. Today’s petition presents the Justices with
the chance to affirm our Constitution’s central promises of liberty,
equality, and human dignity.”
“This case is about the equal rights guaranteed to all Americans by
our Constitution,” said Plaintiffs’ counsel Theodore J. Boutrous, Jr.
“Because two federal courts have already concluded that Proposition 8
is unconstitutional, gay and lesbian Californians should not have to
wait any longer to marry the person they love. We therefore will oppose
the petition for a writ of certiorari. However, we recognize that this
case presents constitutional issues of national significance, and are
ready to defend our victories before the Supreme Court.”
The American Foundation for Equal Rights (AFER) is the sole sponsor of Perry v. Brown (now Hollingsworth v. Perry), the federal constitutional challenge to California’s Proposition 8.
“Two federal courts and a majority of Americans agree: discriminatory
laws like Proposition 8 have no place in the United States of America
today,” said AFER Executive Director Adam Umhoefer. “This petition by
the anti-marriage forces is the last gasp of a dying argument that
cannot overcome our Constitution’s guarantee of liberty and equality for
all.”
On February 7, 2012, the United States Court of Appeals for the Ninth
Circuit issued a landmark ruling that affirmed the historic August 2010
judgment of the Federal District Court that struck down Proposition 8.
The Ninth Circuit 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.”
On June 5, 2012, the full Ninth Circuit denied Proponents’ request
for an eleven-judge panel to rehear the case, known as rehearing en banc.
Proponents’ request for Supreme Court review, known as a petition for a writ of certiorari, is only granted upon an affirmative vote of four Justices.
READ PROPONENTS’ PETITION FOR CERTIORARI HERE: www.afer.org/wp-content/uploads/2012/07/2012-07-31-Proponents-Petition-for-Certiorari.pdf
READ THE NINTH CIRCUIT’S ORDER DENYING REHEARING EN BANC HERE: www.afer.org/wp-content/uploads/2012/06/2012-06-05-En-Banc-Order.pdf
READ THE NINTH CIRCUIT’S PANEL DECISION HERE: www.afer.org/wp-content/uploads/2012/02/2012-02-07-Decision-on-Merits.pdf
READ THE FEDERAL DISTRICT COURT’S DECISION HERE: www.afer.org/wp-content/uploads/2010/08/Prop8Decision.pdf
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About the American Foundation for Equal Rights
The American Foundation for Equal Rights is the sole sponsor of Perry v. Brown (now Hollingsworth v. Perry),
the federal constitutional challenge to California’s Proposition 8.
After bringing together bipartisan attorneys Theodore B. Olson and
David Boies to lead its legal team, AFER successfully advanced the Perry
case through Federal District Court and the Ninth Circuit Court of
Appeals. The Foundation is committed to achieving full federal marriage
equality.
