Washington, DC – Today, the United States Supreme Court issued an order granting review in Hollingsworth v. Perry (formerly Perry v. Brown),
the federal constitutional challenge to California’s Proposition 8.
Enacted in November 2008, Proposition 8 eliminated the fundamental
freedom of gay and lesbian Californians to marry. With today’s order,
the Supreme Court will consider whether Proposition 8 violates the
Fourteenth Amendment to the United States Constitution.
The Perry case was filed on May 22, 2009, in Federal
District Court on behalf of two California couples, Kris Perry and Sandy
Stier, and Paul Katami and Jeff Zarrillo. On February 7, 2012, the
United States Court of Appeals for the Ninth Circuit issued a landmark
ruling upholding the historic August 2010 decision of the Federal
District Court that found Proposition 8 unconstitutional.
The Supreme Court also granted review in United States v. Windsor,
a challenge to the constitutionality of the federal Defense of Marriage
Act (DOMA). Enacted by Congress in 1996, DOMA nullifies the marriages
of gay and lesbian couples for all purposes of federal law.
“This case is about the fundamental constitutional right of all
Americans to marry the person they love. The plaintiffs we represent
are two loving couples who, like millions of other gay and lesbian
Americans, are being denied the right to marry and the right to be
treated with equal dignity and respect under the law,” said Plaintiffs’
lead co-counsel Theodore B. Olson. “The Supreme Court’s decision to
grant review in this case illustrates the national significance of
marriage equality, and brings us closer to the day when every American will be able to equally enjoy the fundamental freedom to marry.”
“Fourteen times the Supreme Court has stated 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. It serves no legitimate
state interest. We are ready to defend our victories before the Supreme
Court, where we will urge the Justices to reaffirm our Constitution’s
central promises of liberty, equality, and human dignity.”
The American Foundation for Equal Rights (AFER) is the sole sponsor of the Perry case.
“Today is a milestone day for equal justice under the law and for
millions of loving couples who want to make a lifelong commitment
through marriage,” said AFER co-founder Chad Griffin. “Proposition 8
has already been declared unconstitutional in Federal District Court and
in the Ninth Circuit Court of Appeals. Now the Supreme Court has an
opportunity to do the same and send a resounding message of hope to LGBT
young people from coast to coast that they have the same dignity and
same opportunities for the future as everyone else. I believe our
cherished constitutional principles will win the day and that the Court
will uphold the fundamental right that all Americans can marry the one
they love.”
“Gay and lesbian couples across the nation are one step closer to
achieving the full and equal right to marry denied to them by
discriminatory laws like Proposition 8,” said Bruce Cohen, president of
AFER’s Board of Directors. “Today marks the final chapter of a journey
that we started four years ago, and I am thrilled to see that marriage
equality is finally within our grasp.”
“This is the moment we have been fighting for since we first filed
this case,” said AFER executive director Adam Umhoefer. “In just the
last few years, America has witnessed extraordinary momentum toward
marriage equality for all. Multiple federal court decisions and a
majority of Americans recognize that it is past time that the nation
redeem our Constitution’s promise of liberty and equality for all by
ensuring that every American has the right to marry the person
they love. Make no mistake, with two lower court victories and the
Constitution on our side, we will prevail.”
On July 30, 2012, the proponents of Proposition 8 asked the
Supreme Court to review the February 2012 decision of the United States
Court of Appeals for the Ninth Circuit, which 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.
Having granted Proponents’ request for review, known as a petition for a writ of certiorari,
the Supreme Court will now receive written briefs from the parties and
hear oral argument by April 2013. A decision on the constitutionality
of Proposition 8 is expected by the end of June 2013.
READ THE SUPREME COURT’S ORDER GRANTING CERTIORARI HERE: http://www.afer.org/wp-content/uploads/2012/12/2012-12-07-Certiorari-Granted.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 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 Hollingsworth v. Perry (formerly Perry v. Brown),
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.
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