The Federal Prop 8 Case: On the move

On November 17, 2011, the California Supreme Court issued a written opinion providing that sponsors of Proposition 8 should have legal standing to appeal the federal district court’s decision in Perry v. Brown. The sponsors of Proposition 8 sought legal standing to appeal because the California Attorney General and the California Governor declined to appeal the district court’s decision in Perry v. Brown.
In August 2010, Federal District Court Judge Vaughn Walker ruled Proposition 8 unconstitutional and the sponsors attempted to appeal this decision to the Ninth Circuit Court of Appeals. The Ninth Circuit Court of Appeals requested the California Supreme Court to issue an advisory opinion about whether the proponents of a proposition have the right to appeal under California law.

The Ninth Circuit Court of Appeals will now take into consideration the California Supreme Court opinion and decide whether federal law allows the sponsors of Proposition 8 to appeal. If the Ninth Circuit rules that the sponsors of Proposition 8 do have legal standing to appeal Judge Vaughn Walker’s decision, the Ninth Circuit will then affirm or overturn Judge Walker’s striking down of Proposition 8.

I am disappointed that the California Supreme Court is giving power to the proponents of proposition 8 to pursue litigation that is so clearly discriminatory on its face. However, I am anxious to see the case move forward. The battle for marriage equality has been a long roller coaster ride. Proposition 8 is discriminatory and the Ninth Circuit will hopefully recognize the importance of treating all individuals with equal dignity and respect by providing same-sex couples with the right to marry. I am hopeful that the Ninth Circuit will recognize the importance of their pending decision and promptly affirm Judge Walker’s ruling.

By: Monica Davis

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