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Prop 8 heading to U.S. Supreme Court?
by Ryan Watkins   
July 31, 2012 16:01
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 http://www.thegavoice.com/images/stories/11-24-10/tedolsen-body-12-7-10.jpg

Proponents of the California ban on same-sex marriage (Proposition 8) have asked the United States Supreme Court to hear the case in what would be the final showdown of the state's same-sex marriage ban.

The case could have far-reaching impact on similar marriage bans across the country.

The new legal challenge comes after both federal District Court and the Ninth Circuit Court of Appeals found Prop 8 violated the U.S. Constitution.

The American Foundation for Equal Rights said today via a media release that if the court decides to hear the case, Theodore B. Olson and David Boies, who successfully argued against the law before the Ninth Circuit Court of Appeals, would once again argue that marriage rights for gay and lesbian couples represent a fundamental right guaranteed by the Constitution.

AFER said that if the court hears the case, a ruling could be issued in June 2013. If the Supreme Court declines to hear the challenge, marriage rights would be restored in California as early as October of this year.

Adam D. Umhoefer, executive director of AFER, called today's move by the proponents of the marriage ban a “last gasp of a dying argument” while encouraging donations to fight fund the challenge.

“Make no mistake: today's action by the anti-marriage forces is the last gasp of a dying argument that cannot overcome our Constitution's guarantee of liberty and equality for all. For thousands of gay and lesbian couples—and every American who believes in equality—the day marriage equality is restored in California cannot come soon enough,” Umhoefer said today.

For more information, visit www.afer.org.

 

Top photo: Attorney Ted Olson (Publicity photo)

Prop 8 heading to U.S. Supreme Court?
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