Statement by the Latino Equality Alliance on Refilling of Prop 8 Case to the 9th Circuit Court of Appeals Shared by Eddie Martinez

"It is unfortunate that the proponents of Proposition 8 continue to attempt to manipulate the court, as they did the voters, in their quest to deny equal rights to Lesbian and Gay couples.  As already determined by majority decision of Ninth Circuit Court, “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.”   stated Ari Gutierrez, Co-Chair of the Latino Equality Alliance.    As cited in the appeal decision two weeks ago, equal protections of our legal rights is an important function of our legal system and constitution.   This return to the same court for another decision is only an attempt to delay justice.  We are confident that, very soon, we will again have the freedom to marry the person to whom we pledge our love and commitment.

OFFICIAL PROPONENTS APPEAL PROP 8 DECISION

TO ENTIRE NINTH CIRCUIT

SACRAMENTO—Today the ProtectMarriage.com coalition, the official proponents of Proposition 8 who were designated by the California Supreme Court to represent the State’s interest in upholding Prop 8, asked the entire Ninth Circuit Court of Appeals to review a smaller panel’s 2-1 ruling invalidating California’s state constitutional amendment protecting marriage as between a man and a woman.

“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 for Proposition 8’s official proponents.

“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,” he added.

“On behalf of the seven million Californians who voted to restore marriage as between a man and a woman, we think it’s important that the full Ninth Circuit has an opportunity to consider our appeal and maintain uniformity of the court’s legal precedents,” Pugno said.

Alliance Defense Fund Senior Counsel Brian Raum, a member of the legal defense team for Prop 8, added:

“The people of Californians deserve to have their vote on marriage defended before the full appeals court.  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.”