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SAN FRANCISCO — Supporters of Proposition 8, that ended same-sex marriage in California, have asked for a full panel of the U.S. Court of Appeals for the 9th Circuit to review a smaller panel’s 2-1 ruling invalidating California’s state constitutional amendment protecting marriage as between a man and a woman.
The Protect Marriage Coalition filed the appeal Tuesday asking the federal appeals court to reconsider the panel's decision.
“After careful consideration, we determined that asking for reconsideration by the full Ninth Circuit is in the best interests of defending Prop 8. This gives the entire Ninth Circuit a chance to correct this anomalous decision by just two judges overturning the vote of seven million Californians,” said Andy Pugno, general counsel Protect Marriage.
“The majority opinion by the smaller panel conflicts with every state and federal appellate court decision — including binding decisions of the Supreme Court and the Ninth Circuit itself — that has upheld the traditional marriage laws under the federal Constitution as rationally related to the state’s interest in responsible procreation and child-rearing,” Pugno added.
Seven million California voters approved the amendment through Proposition 8 in November 2008.
“The people of California deserve to have their marriage amendment defended before the full appeals court,” said Brian Raum, Alliance Defense Fund Senior Counsel. “The panel’s ruling mischaracterized the purpose of marriage, failed to faithfully and fairly interpret the Constitution, and disregarded every relevant appellate and Supreme Court precedent in American history. Marriage is too valuable to be redefined by two San Francisco judges in a case funded by Hollywood millionaires.”
Two judges on the three-judge 9th Circuit panel ruled Feb. 7 that California’s marriage amendment — Article I, Section 7.5 of the state constitution--is unconstitutional in part because the court believed claims that voters sought to “target a minority group.”
“The idea that Californians — of all people--sought to ‘send a message that gays and lesbians are of lesser worth,’ as the two-judge decision claims, is simply absurd,” explained lead counsel Charles J. Cooper with the Cooper & Kirk law firm. “Voters from all walks of life, political parties, races, and creeds supported Proposition 8.”
The appeal to the 9th Circuit will put same-sex marriage in California on hold until the court decides whether to hear the case.
If the appeal is denied, Proposition 8 supporters are expected to take their case to the Supreme Court.
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