Gay marriage opponents appeal Prop. 8 case to US Supreme Court

Court to decide after its summer recess whether to hear landmark case

Gay marriage opponents appeal Prop. 8 case to US Supreme Court
31 July 2012

Gay marriage opponents on Tuesday (31 July) asked the US Supreme Court to overturn a federal appellate court decision that struck down California’s Proposition 8 which stripped same-sex couples of the right to marry.

Proposition 8 sponsors Protect Marriage described the U.S. 9th Circuit Court of Appeals ruling in February that California’s ban on gay marriage unconstitutional as ‘misguided.’

In their petition to the high court, the group states: ‘Our Constitution does not mandate the traditional definition of marriage, but neither does our Constitution condemn it. Rather, it leaves the definition of marriage in the hands of the people, to be resolved through the democratic process in each state.’

The lawsuit challenging Prop. 8 was filed on behalf of two California couples who want to marry: Kris Perry and Sandy Stier and Paul Katami and Jeff Zarrillo.

The American Foundation for Equal Rights (AFER) is the group which brought forth the lawsuit that led to the court case and lead co-counsel David Boies said in a statement that the freedom to marry is ‘one of the most fundamental rights’ of all Americans.

‘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,’ Boies said. ‘ Today’s petition presents the justices with the chance to affirm our Constitution’s central promises of liberty, equality, and human dignity.’

Rick Jacobs, founder of the Courage Campaign, blasted Proposition 8 proponents for carrying on the legal battle.

‘As the late Ronald Reagan would say, ‘Well, there they go again.’  The President of the United States, a majority of the American public, two federal courts and most of America’s NATO allies view marriage equality as a fact,’ Jacob said.

He said the conservative argument ‘that America will cease to function if gays and lesbians can marry’ has already proven to be untrue.

‘The major problem with this thesis is that seven states and the District of Columbia welcome marriage for all and the country functions just fine, the sun still shines and the world still rotates on its axis,’ Jacobs said. ‘We can only hope that the Supreme Court will once again act for all Americans on the right side of history, not for a few hysterical ones scared of love.’

The Supreme Court is expected to decide whether or not to hear the case when it returns from vacation. 

HAVE YOUR SAY

MORE TOP STORIES

No thumbnail available

Photo series captures gay Orthodox Israeli at drag queen school

Shahar Hadar is a 34-year-old Orthodox Jew living in Israel who has reconciled his religious beliefs with his sexuality
No thumbnail available

Laos celebrates first Pride

First LGBT celebration in Laos with help from the US embassy
No thumbnail available

Is Grindr preparing to be sold?

The hugely successful hookup app for gay men – which has 5million global users – is reportedly taking advice on finding a buyer
No thumbnail available

Cameroon professor sues tabloid for gay defamation

A prominent professor sues Cameroon's most poplar tabloid for defamation after alleging he obtained sexual favours and was involved in homosexual network within the state's government
No thumbnail available

Gays sacrifice Pride to come to rescue of Balkan flood victims

LGBTI campaigners in Serbia cancelled IDAHO and Pride Week to volunteer for flood relief work
No thumbnail available
No thumbnail available
No thumbnail available

Anonymous religious group threatens to use lesbian couple as target practice if they don’t relocate

A lesbian couple in Kingston, Ontario, Canada received anonymous gay hate letters in their mailbox telling them to ‘MOVE, or else!’
No thumbnail available

Same-sex family denied family pass for swimming pool

A lesbian couple in Ohio are hopeful that their city council will re-write its definition of ‘family’ in order to allow them and their children reduced-price access to a local swimming pool
No thumbnail available

George Osborne tells Tories to back gay marriage or lose next election

UK's Chancellor of the Exchequer has said after the US election, Conservative MPs must fight for women and gay rights