Prop 8 Backers Say They Will Likely Take Their Case To Supreme Court

WEST HOLLYWOOD (CBS) — Hundreds of jubilant supporters of same sex marriage marched through West Hollywood Tuesday in celebration of the Federal Appeals Court decision that Proposition 8 is unconstitutional because it violates the rights of gays and lesbians.

Prop 8 is the Defense of Marriage Act, which restricts marriage in California to a man and a woman.

Voters passed the act in 2008, but it was overturned by a US District Court judge nearly two years later. The Ninth Circuit Court of Appeals upheld the ruling Tuesday.

“Gay marriage isn’t what ruins straight marriage,” says demonstrator Lloyd McDonald. “Divorce is what ruins straight marriage.”

For others the celebration is more personal and immediate.

Fabrice Marino and Donny Aldo have been engaged for a year. They feel the ruling brings them one step closer to getting legally married.

“It’s not gay marriage; it’s marriage,” says Aldo. “It’s the union of two people wanting to spend their lives together, and you should be able to be given the rights and the benefits to choose to do so.”

Prop 8 supporters say Tuesday’s celebration may be premature. They warn this battle is long from over.

“Likely we will appeal to the US Supreme Court,” says Ron Prentice of the Protect Marriage Coalition. “We have great hopes in the Supreme Court overturning this, because the Ninth Circuit is the most overturned court in the history of the country.”

USC constitutional law professor David Cruz says the opinion from the Ninth Circuit Court was so narrowly focused on the specific situation in California that there’s no guarantee the Supreme Court will even take the case.

If the Supreme Court does hear the case, Cruz says winning the day for Prop 8 could be an uphill battle.

“It’s also now not clear at all that they would have a good chance of winning,” says Cruz. “They’ve got to persuade five judges that Proposition 8 is constitutional.”

Prop 8 supporters now face the choice of taking their case directly to the Supreme Court, or appealing to a larger panel of the Ninth Circuit Federal Court of Appeals.

Comments

One Comment

  1. Alan Di says:

    What will they say if the Supreme Court decides not to hear the case? The Court has that right and may want to stay out of a decision that will have national ramifications.

    1. Whiskey Tango says:

      How many times do the NORMAL PEOPLE have to vote on something with out the special interest group taking it to a new level? Don’t push your abnormal lifestyle on us. Pole smokers and carpet munchers should have civil unions, not weddings. My health insurance is through the roof because of all the pole smokers putting their “spouses” on their insurance. I guess if you don’t agree with the outcome of a vote put to the people, you must hve your way.

  2. william wallace says:

    One must remember that religious organizations make yearly
    turnovers of $billions its a money making scam that based on
    a promise that one on death of the body / their spiritual being
    transporte unto a place called heaven ( an heaven that being
    somewhere ?? beyond the clouds where Jesus and God live.

    The money making scam having two parts // the first part be
    that sex is a Sin (as all born of sex it means all are SINNERS.

    Part two of the money making scam (wait for it ) being that
    Jesus was born unto a virgin / thus he being free from Sin
    ( not only free of SIN but has the ability in removing the SIN
    of others ( thus a entittlement free of SIN / to enter heaven.

    Now if ever there be people whom being guility of fraud / its
    christians / christianity /being one of the biggest frauds ever.

    Thus unto all same sex couples love unites being that one is
    of a differ sex or the same sex // enjoy your union in its glory
    pay no heed unto religious hate /malice as directed upon you
    in the eyes of the Almighty sex is not evil. / But that of divinity.

  3. J Johnson says:

    Prop 8 has thus far only brought division, sadness and many embarrassingly open displays of unchristian like behavior…

    Who says you can’t teach an old dog new tricks? I’m an older man whose beard has long since gone white. This is one time I agree with the overwhelming majority of young folks that gay marriage is a good thing and its unifying power will forever be beneficial to many, if not all of us. Reasonably, we should all do whatever we can to support it…

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