Prop 8 backers ask Supreme Court to review gay marriage ban

August 1, 2012

By Pete Williams, NBC News

Backers of California’s Proposition 8, intended to ban same-sex marriage in the state, asked the U.S. Supreme Court on Tuesday to take up their appeal after two lower federal courts found the measure unconstitutional.

The justices now face two gay rights issues: the Prop 8 appeal and two challenges to the federal Defense of Marriage Act.

Voters in California approved Prop 8 in 2008, less than six months after the state’s Supreme Court approved same-sex marriage. The measure was immediately challenged.

A federal judge declared it unconstitutional in 2010, and a three-judge panel of the 9th U.S. Circuit Court of Appeals ruled 2-1 in February that the ban discriminated against gays and lesbians. The full circuit declined to hear the appeal from Prop 8 supporters, though its ruling remains on hold until all legal avenues have been exhausted.

In urging the Supreme Court to hear their appeal, backers of the measure – which includes that Alliance Defending Freedom, a legal ministry — said the nation was in the midst of a public debate about “the profoundly important question” of “whether the ancient and vital institution of marriage should be fundamentally redefined to include same-sex couples.”

Proponents of Prop 8 stepped in to lead the court battle after California officials concluded the ban was unconstitutional and declined to defend it.

The federal appeals court wrongly concluded, the Prop 8 backers said in their petition Tuesday, that because California’s domestic partnership law already gave same-sex couples the same legal rights that married couples have, all the measure did was take away their legal right to get marriage licenses.

Such a distinction, the appeals court determined, had no effect other than to lessen the status and human dignity of gays and lesbians. The court also found that Prop 8 unconstitutionally took away a fundamental right that the state had previously guaranteed.

To read more, visit:

No comments yet - you can be the first!

Leave a Reply

Your email address will not be published. Required fields are marked *

Keep the Fake News Media in check.

Don’t let the MSM censor your news as America becomes Great Again. Over 500,000 Americans receive our daily dose of life, liberty and pursuit of happiness along with Breaking News direct to their inbox—and you can too. Sign up to receive news and views from The 1776Coalition!

We know how important your privacy is and your information is SAFE with us. We’ll never sell
your email address and you can unsubscribe at any time directly from your inbox.
View our full privacy policy.