Proposition 8 Plaintiffs Ask Supreme Court to Not Hear Case


The Plaintiffs in the case against Proposition 8, the law prohibiting same sex marriage in California, have filed a brief withthe Supreme Court asking them to not hear the case, according to the Advocate.  Lower courts have ruled that the law is unconstitutional as it is based on “animus” (or prejudiced and often spiteful or malevolent ill will)  towards gays.  If the Supreme Court declines to hear the case, the lower courts decisions stand, and the law will be reversed, making same sex marriages legal in California.

In part the brief states, “”The 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.”  The brief was written by ” plaintiffs’ attorneys Theodore B. Olson and David Boies, who famously argued against each other in the Bush v. Gore case in 2000.

A review of the case so far can be found here.

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