Windy City Media Group Frontpage News
Celebrating 30 Years of Gay Lesbian Bisexual and Trans News
home search facebook twitter join
Gay News Sponsor Windy City Times 2016-10-26
About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage


Plaintiffs challenging Prop 8 file brief with Supreme Court
From a news release

facebook twitter 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.






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.

facebook twitter 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.


Gay News

World news: Alan Turing, Indonesian president, Australia and marriage 2016-10-25 - The British government announced it will pardon gay and bisexual men who were convicted of gross indecency before the decriminalization of homosexuality in ...

Gay News

Historic Cook County Lawsuit Challenges Jailing Those Too Poor to Pay Bond 2016-10-24 - CHICAGO, IL.— In the first class-action lawsuit of its kind filed in Cook County, community members unlawfully detained in Cook County Jail are ...

Gay News

Disarm event takes first, unified steps in ending gun violence 2016-10-23 - It was a haunting rendition of Andra Day's "Rise Up" performed by Victor Valencia which set the tone for the LGBTQ Town Hall ...

Gay News

Uptown residents stage counter-demonstration to Westboro anti-trans protest 2016-10-21 - About 50 Uptown residents and other community members staged a counter-protest the morning of Oct. 21 when members of Topeka, Kansas-based Westboro Baptist ...

Gay News

Relationships & the Law Today 2016-10-19 - The Illinois Supreme Court recently held in Blumenthal v. Brewer, 2016 IL 118781, that couples who are not married to each other have ...

Gay News

Protestors march in Uptown for tent-city residents 2016-10-19 - On the crisp fall morning of Oct. 13, about 50 marchers gathered at the People's Church on Lawrence Ave. to take part in ...

Gay News

Obergefell recalls marriage-equality fight 2016-10-19 - The Plaza Ballroom of downtown Chicago's Hyatt Regency Hotel was the setting for LGBTQ equality advocate Jim Obergefell to engage in an equally ...

Gay News

'Fostering Our Teens' event Oct. 22 2016-10-19 - The Call to Action: Foster our Youth! Coalition in partnership with the Illinois Department of Children and Family Services, Pride Action Tank, Windy ...

Gay News

Gloria Steinem gives address at luncheon on reproductive freedom 2016-10-19 - According to activist Gloria Steinem, the right to reproductive freedom "is at least as basic a freedom of speech or freedom of assembly, ...

Gay News

National:, Spirit Day app, LGBTs and gun violence 2016-10-18 - NASTAD ( National Alliance of State and Territorial AIDS Directors ) announced the launch of a new online training platform,, to help ...


Copyright © 2016 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.








About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage

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.
[email protected]  •  [email protected]  •  [email protected]

Website Powered by