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Supreme Court Will Hear Arguements in California Proposition 8 Case

Washington D.C. — The Supreme Court of the United States (SCOTUS) has decided to grant review in Perry v. Brown, the case deciding the fate of California’s Proposition 8, the state constitutional amendment that denies loving, committed same-sex couples the right to marry. Proposition 8 was declared unconstitutional by District Judge Vaughn Walker in 2010, a decision subsequently upheld by the Ninth Circuit Court of Appeals. Supporters of marriage equality, led by the American Federation for Equal Rights (AFER), will submit arguments to the Court by April, with a decision from the Court on the constitutionality of Proposition 8 expected by June 2013.

The Supreme Court granted cert in Hollingswork v. Perry (California Prop. 8) and Windsor v. United States (DOMA) case is granted.

These two seperate cases will mark the first time that the high court will hear cases that deal with marriage equality.

This means that at least four Justices have agreed to have the cases argued before the full court in the current term.

Supreme Court will review California’s Proposition 8, passed by voters in 2008, which bars gay marriage in the state. The Ninth U.S. Circuit Court of Appeals struck down Proposition 8 in February, but on narrower grounds than gay-marriage proponents had hoped. The appeals court ruled 2-1 that California had improperly granted same-sex marriage rights and then taken them away.

In light of this news, The Breakthrough Coalition, a group of organizations working in California to increase support for same-sex couples who want to make a public and lifetime commitment through marriage, has made a diverse range of same-sex couples throughout the state available for media interviews.

Said Rev. Roland Stringfellow of the Bay Area, a Breakthrough Coalition member who plans to marry his partner Jerry Peterson: "As clergy members, both Jerry and I know that all of us, regardless who we love, are created in God's image. It is our hope that when the Supreme Court rules on the Perry case next year, more of God's children will be able to make a lifelong commitment to the person they love, and to strengthen their families, through marriage. Should the Court affirm the unconstitutionality of denying couples like us the freedom to marry, this nation will have taken another great step forward in its journey towards recognizing that we are all created equal, with the same rights and responsibilities, and that those rights include marriage."

Said Corinne and Rose Villanueba of Fresno: "As parents of five teenage children (on top of a nine-year-old!) and domestic partners, we see firsthand every day what a difference it makes for kids to be able to tell their classmates and friends that their parents are married, and how important it is to have the security that comes with marriage. All of us, regardless of who we love, are at the center of a family, and being able to marry means as much to us as it does to our relatives. We hope that the Supreme Court will rule against Prop 8 next year, and that we will soon be able celebrate our marriage with our children and the rest of our family, knowing that we are equal before the law and that we have the same bond that others share."

Marriage Equality USA Legal Director John Lewis said "It’s crystal clear that the United States Supreme Court should rule in favor of the freedom to marry. Our Constitution guarantees every American the fundamental human right to marry the person they love – regardless of their race, religion, gender, sexual orientation or any other external characteristic. Proposition 8 targeted lesbian and gay people – and lesbian and gay people alone – to take away their freedom to marry and thus exclude them from the American dream. Proposition 8 cannot stand."

READ PLAINTIFFS’ BRIEF IN OPPOSITION Here

READ PROPONENTS’ PETITION FOR CERTIORARI Here

READ THE NINTH CIRCUIT’S ORDER DENYING REHEARING EN BANC Here

READ THE NINTH CIRCUIT’S DECISION Here

READ THE FEDERAL DISTRICT COURT’S DECISION Here

Staff

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