Proposition 8 supporters appeal to US Supreme Court

[JURIST] Supporters of Proposition 8 [text, JURIST news archive], California's same-sex marriage [JURIST backgrounder] ban, asked the US Supreme Court [official website] on Tuesday to uphold the law after two federal courts found it unconstitutional. In their nearly 500-page petition [text, PDF], backers of the ban stressed the necessity for the court to decide "whether the ancient and vital institution of marriage should be fundamentally redefined to include same-sex couples." In their plea, the petitioners, including Alliance Defending Freedom [advocacy group], relied upon the Equal Protection Clause of the Fourteenth Amendment [text] to argue that the US Constitution does not prohibit California "from defining marriage as a union of a man and a woman." The Supreme Court is likely to hear a case on gay marriage [SCOTUSblog report] under Proposition 8, or the Defense of Marriage Act (DOMA) [text, JURIST news archive], in its upcoming term.

In June, the US Court of Appeals for the Ninth Circuit [official website] denied [JURIST report] a similar petition filed by Proposition 8 supporters to rehear their case before the entire court. Proponents of the ban filed their plea in February after a three-judge panel voted 2-1 [JURIST reports] earlier in the month to overturn the law, finding that it violated the Due Process and Equal Protection Clauses [Cornell LII backgrounders] of the Fourteenth Amendment. Proposition 8 was approved by California voters [JURIST report] in November of 2008.

 

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.