Windy City Media Group Frontpage News Home
CELEBRATING 29+ YEARS OF Lesbian Gay Bisexual and Transgender NEWS

Search Gay News Articles
Advanced Search
Gay News Sponsor Windy City Times 2015-03-25
Download Issue
  News Index   About WCMG    Publications    Bars & Clubs     Calendar   Videos   Advertisers    OUT! Guide    Classifieds     AIDS @ 32       Marriage
 Local | National | World | Politics | Obits | Profiles | Views | Entertainment | Theater | Dance | Music | Film | Art | Books | TV/Gossip
 Travel | History | Marriage | Youth | Trans | Lesbian | Celebrations | Food | Nightlife | Sports | Health | Real Estate | Autos | Pets | Crime

NUNN ON ONE: TELEVISION Taryn Manning dishes on new music, 'Orange Is the New Black' NUNN ON ONE: TELEVISION
Taryn Manning
dishes on new music,
'Orange Is the New Black'
Taryn Manning is a multitalented machine. From her breakout role in the ...

Browse Gay News Index   Browse Gay News Archives
  Windy City Times

Plaintiffs challenging Prop 8 file brief with Supreme Court
From a news release
2012-08-24

facebook twitter del.icio.us stumble upon digg google +1 reddit email


Washington, DC — Today, Aug. 24, 2012, plaintiffs challenging California's Proposition 8 filed a brief in the United States Supreme Court defending the landmark federal appeals court ruling in Perry v. Brown (now Hollingsworth v. Perry) that found Proposition 8 unconstitutional. Proposition 8 eliminated the fundamental freedom of gay and lesbian Californians to marry. Plaintiffs' brief calls marriage equality "the defining civil rights issue of our time."

On February 7, 2012, the United States Court of Appeals for the Ninth Circuit concluded that Proposition 8 violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. The proponents of Proposition 8 recently asked the Supreme Court to review the Ninth Circuit's judgment. Plaintiffs' brief filed today responds to Proponents' request.

"[T]he Ninth Circuit found that eliminating the ability of gay and lesbian couples to have their relationships designated as marriages—and relegating them to separate and unequal domestic partnerships—achieves nothing except the marginalization of gay and lesbian individuals and their relationships, and therefore cannot withstand constitutional scrutiny," Plaintiffs' attorneys, led by distinguished co-counsel Theodore B. Olson and David Boies, said in today's brief. "That holding is fully consistent with this Court's jurisprudence, which has long held that marginalizing a group of citizens for its own sake violates the Fourteenth Amendment."

Plaintiffs' brief underscores the clear unconstitutionality of Proposition 8 and the unjustifiable harm that it imposes:

"Proposition 8 is antithetical to the 'principles of equality' on which this 'Nation … prides itself.' It creates a permanent 'underclass' of hundreds of thousands of gay and lesbian Californians, who are denied the right to marry available to all other Californians simply because a majority of voters deems gay and lesbian relationships inferior[.] … With the full authority of the State behind it, Proposition 8 sends a clear and powerful message to gay men and lesbians: Your relationships are not recognized on the same footing or entitled to the same dignity or respect as those of heterosexuals."

Because the Ninth Circuit's decision "reflects a correct and straightforward application of settled Supreme Court precedent," Plaintiffs urge the Supreme Court to deny review and put an end, once and for all, to the discrimination that Proposition 8 continues to inflict on gay and lesbian Californians.

The American Foundation for Equal Rights (AFER) is the sole sponsor of Perry v. Brown, the federal constitutional challenge to California's Proposition 8.

"Two federal courts and a majority of Americans recognize that laws like Proposition 8 are unfair, unlawful, and contrary to basic American values," said AFER Executive Director Adam Umhoefer. "It is time, indeed past time, that our Nation live up to its founding promise of liberty and equality for all by ensuring that gay and lesbian couples are afforded the same fundamental freedom to marry guaranteed to every American by our Constitution."

On July 30, 2012, the proponents of Proposition 8 asked the Supreme Court to review the February 2012 decision of the United States Court of Appeals for the Ninth Circuit, which affirmed the historic August 2010 judgment of the Federal District Court that struck down Proposition 8. The Ninth Circuit held:

"Proposition 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. The Constitution simply does not allow for 'laws of this sort.'"

On June 5, 2012, the full Ninth Circuit denied Proponents' request for an eleven-judge panel to rehear the case, known as rehearing en banc.

Proponents' request for Supreme Court review, known as a petition for a writ of certiorari, is only granted upon an affirmative vote of four Justices. The Court will consider Proponents' petition for certiorari and Plaintiffs' response at a private conference in late September or early October.

READ PLAINTIFFS' BRIEF IN OPPOSITION HERE: www.afer.org/wp-content/uploads/2012/08/2012-08-24-Plaintiffs-Brief-in-Opposition.pdf .

READ PROPONENTS' PETITION FOR CERTIORARI HERE: www.afer.org/wp-content/uploads/2012/07/2012-07-31-Proponents-Petition-for-Certiorari.pdf .

READ THE NINTH CIRCUIT'S ORDER DENYING REHEARING EN BANC HERE: www.afer.org/wp-content/uploads/2012/06/2012-06-05-En-Banc-Order.pdf .

READ THE NINTH CIRCUIT'S DECISION HERE: www.afer.org/wp-content/uploads/2012/02/2012-02-07-Decision-on-Merits.pdf .

READ THE FEDERAL DISTRICT COURT'S DECISION HERE: www.afer.org/wp-content/uploads/2010/08/Prop8Decision.pdf .

About the American Foundation for Equal Rights

The American Foundation for Equal Rights is the sole sponsor of Perry v. Brown (now Hollingsworth v. Perry), the federal constitutional challenge to California's Proposition 8. After bringing together bipartisan attorneys Theodore B. Olson and David Boies to lead its legal team, AFER successfully advanced the Perry case through Federal District Court and the Ninth Circuit Court of Appeals. The Foundation is committed to achieving full federal marriage equality.

www.afer.org


facebook twitter del.icio.us stumble upon digg google +1 reddit email




Windy City Media Group does not approve or necessarily
agree with the views posted below.
Please do not post letters to the editor here.
Please also be civil in your dialogue.
If you need to be mean, just know that the longer you
stay on this page, the more you help us.

Arkansas Senate passes Indiana-style bill, legislation on to governor 2015-03-27
Pence signs "religious freedom" bill into law 2015-03-26
Indiana's Gov. Pence signs religious exemptions bill, groups respond 2015-03-26
Video spoof dramatizes unintended consequences of religious freedom bills 2015-03-25
LGBTQ media confab looks ahead to post-marriage reporting 2015-03-25
World news: Plane crash reopened; Swedish singer; Costa Rica bill 2015-03-24
National roundup: Kosilek appeal; GetEQUAL's bill of rights 2015-03-24
Rainbow Wedding Network holds annual LGBT wedding expo 2015-03-24
ASK LAMBDA LEGAL: Keeping 'affordable' in the Affordable Care Act 2015-03-24
New study: Chicago leads NYC in police stop-and-frisk 2015-03-24
Indiana passes nation's most anti-LGBTQ law 2015-03-23
Puerto Rico no longer defending marriage ban 2015-03-20
A love affair to remember 2015-03-18
Hilton Orrington hosts first-ever bridal fair 2015-03-17
Presbyterians approve same-sex marriage 2015-03-17
Schock resigns after new allegations arise 2015-03-17
Puerto Rico may drop opposition to same-sex marriage 2015-03-16
State's Attorney Alvarez steps up efforts on hate crimes 2015-03-12
Jan. 9 murder of Papi Edwards confirmed as trans-related 2015-03-11
Davis 'extremely proud' of time at Transgender Law Center 2015-03-11
Darrow symposium: Undocumented laborers, immigration 2015-03-11
Potential advocates for marriage equality in the high court 2015-03-11
Gay marriages halted in Alabama 2015-03-11
Emanuel, Madigan join briefs for marriage equality 2015-03-11
Supreme Ct. to hear marriage case April 28 2015-03-11
Transformative Justice Law Project holds open house 2015-03-11
National roundup: Supreme Court and marriage; trans-inmate motion 2015-03-10
World news: Slovenia OKs marriage; McKellen aims to save gay pub 2015-03-10
Chamber of commerce hosts LGBT wedding expo 2015-03-10
CA won't do business with companies discriminating against trans employees 2015-03-06
Emanuel, City of Chicago join other mayors backing marriage equality 2015-03-06
IL Atty Gen. Lisa Madigan joins amicus brief for marriage equality 2015-03-06
Study: Discrimination by law enforcement toward LGBTs pervasive 2015-03-06
Group offers tools to end trans domestic violence murder 2015-03-06
Freedom to Marry files amicus brief for U.S. Supreme Court 2015-03-06
Report shows 700,000 Americans part of a same-sex couple 2015-03-05
Supreme Court to hear marriage equality cases on April 28, 2015 2015-03-05
Local entertainment: Queen Latifah; Madonna; Gay horror-movie screening; gay marriage exhibit 2015-03-04
National news shorts: Wedding in Texas; Autopsy, report differ; Gay priest dies 2015-03-03
National roundup: Marriage in Ala. and Neb.; trans suicide 2015-03-03





Copyright © 2015 Windy City Media Group. All rights reserved.
Reprint by permission only. PDFs for back issues are downloadable from
our online archives. Single copies of back issues in print form are
available for $4 per issue, older than one month for $6 if available,
by check to the mailing address listed below.

Return postage must accompany all manuscripts, drawings, and
photographs submitted if they are to be returned, and no
responsibility may be assumed for unsolicited materials.
All rights to letters, art and photos sent to Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago
Gay and Lesbian News and Feature Publication) will be treated
as unconditionally assigned for publication purposes and as such,
subject to editing and comment. The opinions expressed by the
columnists, cartoonists, letter writers, and commentators are
their own and do not necessarily reflect the position of Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago Gay,
Lesbian, Bisexual and Transegender News and Feature Publication).

The appearance of a name, image or photo of a person or group in
Nightspots (Chicago GLBT Nightlife News) and Windy City Times
(a Chicago Gay, Lesbian, Bisexual and Transgender News and Feature
Publication) does not indicate the sexual orientation of such
individuals or groups. While we encourage readers to support the
advertisers who make this newspaper possible, Nightspots (Chicago
GLBT Nightlife News) and Windy City Times (a Chicago Gay, Lesbian
News and Feature Publication) cannot accept responsibility for
any advertising claims or promotions.

 

 

 

Sponsor
Sponsor
Sponsor
Sponsor
Sponsor
Sponsor


 

ALMA names recipients of Young Latino Leaders for Creating Change scholarship
 
NUNN ON ONE: TELEVISION Taryn Manning dishes on new music, 'Orange Is the New Black'
 
Ald. Emma Mitts videotaped making anti-LGBT comments
 
New BYC location among Howard Brown meeting announcements
 
Accepting HIV status is 'strength' for Chicago athlete
 
Windy City Times Current DownloadNightspots Current DownloadQueercast Current Download
Windy City Media Group BlogsJoin Our Email List!Donate Now
Sponsor


Sponsor

  News Index   About WCMG    Publications    Bars & Clubs     Calendar   Videos   Advertisers    OUT! Guide    Classifieds     AIDS @ 32       Marriage
 Local | National | World | Politics | Obits | Profiles | Views | Entertainment | Theater | Dance | Music | Film | Art | Books | TV/Gossip
 Travel | History | Marriage | Youth | Trans | Lesbian | Celebrations | Food | Nightlife | Sports | Health | Real Estate | Autos | Pets | Crime



About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots      OUT! Guide     
Identity      BLACKlines      En La Vida      Archives      Subscriptions      Distribution      Windy City Queercast     
Queercast Archives      Advertising  Rates      Deadlines      Advanced Search     
Press  Releases      Event Photos      Join WCMG  Email List      Email Blast     
Upcoming Events      Todays Events      Ongoing Events      Post an Event      Bar Guide      Community Groups      In Memoriam      Outguide Categories      Outguide Advertisers      Search Outguide      Travel      Dining Out      Blogs      Spotlight  Video     
Classifieds      Real Estate      Place a  Classified     

Windy City Media Group produces Windy City Queercast, & publishes Windy City Times,
The Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community,
Nightspots, Out! Resource Guide, and Identity.
5315 N. Clark St. #192, Chicago, IL 60640-2113 • PH (773) 871-7610 • FAX (773) 871-7609.