Proposition 8 supporters have announced they will appeal the 9th Circuit’s decision upholding that Proposition 8 is unconstitutional directly to the Untied States Supreme Court.
The 9th Circuit on Wednesday handed down a 2:1 decision in favor of upholding District Court Judge Vaughn Walker’s 2010 ruling that Proposition 8 is unconstitutional. Supporters of the gay marriage ban then had a choice whether to appeal to the full 11 judge 9th Circuit Court or to appeal directly to the Supreme Court.
Announcing the latter course of action Andy Pugno, general counsel for the ProtectMarriage.com coalition which is defending Proposition 8, released the following statement:
“It’s no surprise that the 9th Circuit’s decision is completely out of step with every other federal appellate and Supreme Court decision in American history on the subject of marriage. Ever since the beginning of this case, we’ve known that the battle to preserve traditional marriage will ultimately be won or lost not here, but rather in the U.S. Supreme Court.
“We will immediately appeal this misguided decision that disregards the will of more than 7 million Californians who voted to restore marriage as the unique union of only a man and woman. We are confident that the rights of California voters will finally win out.
“With the sponsorship of the Hollywood elite, this lawsuit has been pushed forward as an assault on traditional marriage, with the help of a judge who failed to disclose his own long-term homosexual relationship while presiding over a case seeking the legalization of same-sex marriage.
“Although the court was deeply divided in its ruling against Proposition 8, the court also confirmed what the California Supreme Court has already concluded: that we have legal standing as representatives of the voters to assert California’s interests in the validity of Prop 8. Our path to the U.S. Supreme Court is now very clear. We are confident that the law, history, and the repeatedly expressed will of the American people will eventually gain a fair hearing, and traditional marriage will be upheld and protected.”
Wednesday also saw the 9th Circuit hand down a decision that Judge Vaughn Walker did not have to recuse himself because he was in a gay relationship at the time of the trial. On this aspect of the case the three Justices were unanimous. There has been no word whether ProtectMarriage plans to appeal this facet of the ruling.
Care2 blogger and law professor Jessica Pieklo cast her gaze over the ruling and has explained why the 9th Circuit’s opinion seems particularly tailored to appeal to the Supreme Court’s Justice Kennedy.
Photo used under the Creative Commons Attribution License, with thanks to angela n.