Proposition 8 Supporters to Appeal to U.S. Supreme Court


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 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.

Related Stories:

9th Circuit Rules Prop 8 Trial Tapes to Stay Sealed

California Supreme Court Hears Prop. 8 Standing Issue

Santorum: Gay Partnerships Don’t Benefit Society

Photo used under the Creative Commons Attribution License, with thanks to angela n.


Glenn M.
Glenn Meyer5 years ago

Fred U. Agreed. Don't expect much from the Supremecorp.

Thomas M.
Thomas Myers5 years ago

flawed from the beginning. The California constitution has a Rights Equality clause. Any existing right is protected by this clause. The 9th Circuit struck down Prop 8 because it took away a previously existing right. The problem is that that ruling only affects states in which a previously existing right was taken away. The Supreme Court makes decisions that affect the whole nation. They can't rule on it. They don't have status matter jurisdiction.

4. Those Catholic Supreme Court justices know their jobs. They've had unConstitutional laws before them that their religion compelled them to support, but struck them down because their jobs were clear. They may not be able to take Prop. 8 on right now, but the time will come when it threatens all 50 states, either through bill, or precedent, and when that day comes, the Supreme Court will rule on it. If those judges let their faith determine their decision, not only would it be unprecedented, it would end their careers.

Thomas M.
Thomas Myers5 years ago

1. 7 million Californians did not have their rights taken away. Just because their was a vote doesn't mean that it was allowed. State and Federal laws are democratic, but they are written with the mob mentality in mind. Just because you voted for it, doesn't mean the court will allow it. You can't make it legal for serial killers to commit murder, just because you voted for it. You can't make slavery legal just because you voted for it. You can't make immigrant hunting seasons just because you voted for it. Grow up. The Constitution protects us from the tyranny of the majority. If it didn't, women would still be the legal property of their husbands or fathers.

2. Laws having anything to do with the sanctity of marriage are unconstitional. We shall not make a law regarding the establishment of a religion. Marriage in and of itself is a religious institution, however because after so long having certain legal ramifications, it has become legally divorced (no pun intended) from religious definition and has been married (no pun intended) to the law as a function of state. To attempt to define marriage as a union between man and woman has distinct religious meaning that cannot be ignored. No thinking justice could allow a ban on same-sex marriage.

3. This matter will not go to the Supreme Court. The matter is a state matter. The 9th Circuit Court ruling never addressed the Separation of Church and State. It didn't make it that far. The law was fundamentally

Juliet D.
judith sanders5 years ago

Knock yourselves out, spend some more of Mitt Romney's money on this lost crusade. Lawyers and TV stations that run political ads at least put some money back into the middle-class economy.

Past Member 5 years ago

Thank you annelies, I thought it was just me.

annelies j.
annelies j5 years ago

Marianne B:

You make no sense!

Dr Clue
Dr Clue5 years ago

It's not so much that religion loves bigotry but rather that bigotry loves the cover of religion.

If we are to have things like prop 8 sold on mob theocracy than what would be wrong with the mob voting in slavery on it's biblical support too?

If a law (no matter it's origin) cannot pass muster without religion being it's origins and justifications, then indeed it is enshrining religious dogma into law and a clear violation of the 1st Amendment.

Linda T.
Linda T5 years ago

Good. Love to see the haters waste their money on redicules law suits that discriminate against others. No one is forcing churches to marry same sex couples yet.

Patrick F.
Patrick f5 years ago

Prop 8 supporters should just move to Saudi Arabia where they will feel right at home.

Marianna B M.