Proposition 8 supporters lose in court again – last possible stop is the United States Supreme Court

Great news in the fight for marriage equality!

The 9th Circuit Court of Appeals today declined to reconsider the decision by a three-judge panel which found California’s ban on gay marriage unconstitutional.

There are now only two things that can happen: Couples can start getting married again in California or the landmark case goes to the US Supreme Court.

Proponents of California’s Proposition 8 had petitioned the court in February to review the ruling of a three-judge panel of the 9th Circuit which had found that Proposition 8 violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

The judges wrote then that Prop. 8 ‘serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples.’

Prop. 8 proponents have 90 days to file an appeal to the US Supreme Court.

The American Foundation for Equal Rights (AFER), the group which brought forth the lawsuit that led to the court case, said Tuesday’s decision not to rehear ‘marks a monumental turning point in our case for equality.’

‘Today’s order is yet another federal court victory for loving, committed gay and lesbian couples in California and around the nation,’ AFER co-founder Chad Griffin said. ‘The final chapter of the Proposition 8 case has now begun. Should the United States Supreme Court decide to review the Ninth Circuit’s decision in our case, I am confident that the Justices will stand on the side of fairness and equality.’

The lawsuit challenging Prop. 8 was filed on behalf of two California couples who want to marry: Kris Perry and Sandy Stier and Paul Katami and Jeff Zarrillo.

The lead co-counsel for the plaintiffs, David Boies and Theodore B. Olson, held a telephone press conference after Tuesday’s court decision was announced.

‘Today’s decision affirms what we have said from the beginning: marriage is a fundamental right and the unjustifiable denial of that right seriously harms gay and lesbian couples and their families,’ Boies said.

Added Olson: ‘Today is a monumental day for the values that we all cherish as Americans: liberty, equality, dignity, and respect. Our Constitution not only protects these principles, it is what our fellow citizens expect from their government. This is a complete victory toward eliminating this last vestige of state-sponsored discrimination and second-class citizenship.’

Other reaction to the news:

Equality California Board President Clarissa Filgioun: “Americans of all backgrounds, including the President of the United States, are coming to understand that same-sex couples want the freedom to marry for the same reason as other loving, committed couples — to make a lifetime commitment in front of friends and family and have the security of marriage that allows couples and families to care for one another. Through our movement’s work in the court of public opinion and our courts of law, we are, with each passing milestone, one step closer to putting and end to Proposition 8 for good.”

Courage Campaign’s Adam Bink: “Now, there is only one last-ditch option for those who would deny equality to gay and lesbian citizens: an appeal to the U.S. Supreme Court, the biggest stage of all.”

National Center for Lesbian Rights Executive Director Kate Kendell: “Today’s refusal by the Ninth Circuit to grant further review is a testament to the meticulous and well-reasoned opinion originally issued by the Court. While the supporters of Proposition 8 will now seek review by the U.S. Supreme Court, there is no doubt that they are on the wrong side of history. Excluding same-sex couples from the right to marry runs counter to our highest ideals of equality and fairness.”

Rep. Adam Schiff (D-CA): “Today’s ruling by the 9th Circuit – not to revisit its decision striking down Prop 8 – is another step towards marriage equality. I look forward to the day when any couple wishing to make the life-long commitment of marriage has the opportunity to do so.”