In case you live in a sound-proof booth, the Supreme Court today ruled that defenders of Prop 8 do not have legal standing and, in a more sweeping ruling, that DOMA is unconstitutional. Here’s reaction from various groups flooding my inbox this morning.
American Foundation for Equal Rights:
Proposition 8 Is UNCONSTITUTIONAL For Good: Marriage Equality Returns to California
U.S. Supreme Court Lets Stand Landmark Federal District Court Ruling That Struck Down Prop. 8 AFER’s Legal Victory Brings Marriage Equality to Most Populous State in the Nation; 30% of Americans Now Live in a State Recognizing Marriage for All.
Today, in a historic victory for marriage equality, the United States Supreme Court issued a decision in Hollingsworth v. Perry that restores marriage equality to California.
The American Foundation for Equal Rights (AFER) is the sole sponsor of Hollingsworth v. Perry, the landmark federal constitutional challenge to California’s Proposition 8. It is the first case involving the right of gay and lesbian Americans to marry ever be fully briefed and argued before the Supreme Court.
AFER will hold three events TODAY to discuss the significance and impact of the Supreme Court’s decision and celebrate the historic victory for marriage equality:
1. A press conference outside the U.S. Supreme Court after the Court is adjourned, 1 First St. NE, Washington, DC 20543. Speaking at the press conference will be Plaintiffs Kris Perry and Sandy Stier, and Paul Katami and Jeff Zarrillo; Plaintiffs’ lead co-counsel David Boies; Plaintiffs’ counsel Theodore J. Boutrous, Jr.; AFER co-founder Chad Griffin; and AFER executive director Adam Umhoefer. A short Q&A session will follow formal remarks.
2. A national media conference call at 12:30 p.m. EDT/9:30 a.m. PDT. Call (866) 535-6106 to participate. Enter conference ID number 77511977. Media participants should dial in 5-10 minutes prior to the call. Speaking on call will be Plaintiffs Kris Perry and Sandy Stier, and Paul Katami and Jeff Zarrillo; Plaintiffs’ lead co-counsel Theodore B. Olson and David Boies; Plaintiffs’ counsel Theodore J. Boutrous, Jr.; AFER co-founder Chad Griffin; AFER executive director Adam Umhoefer; and San Francisco City Attorney Dennis Herrera.
3. A 5:30 p.m. PDT community celebration in West Hollywood at the intersection of San Vicente Blvd. and Santa Monica Blvd., West Hollywood, CA. Presented by AFER and the City of West Hollywood. AFER board member Dustin Lance Black will be master of ceremonies. Speaking at the community celebration will be Plaintiffs Kris Perry and Sandy Stier, and Paul Katami and Jeff Zarrillo; Plaintiffs’ lead co-counsel Theodore B. Olson and David Boies; AFER co-founder Chad Griffin; AFER executive director Adam Umhoefer; and more. Co-sponsoring the community celebration are All Saints Church, Pasadena; API Equality LA; Bienestar; California Faith for Equality; Congregational Kol Ami; Courage Campaign; Episcopal Diocese of Los Angeles, LGBT Program Group; Equality California; Equality Network; Founders Metropolitan Community Church Los Angeles; GLAAD; Human Rights Campaign; Jordan/Rustin Coalition; LA Gay and Lesbian Center; Latino Equality Alliance; Lesbian and Gay Lawyers Association of LA (LGLA); Liberty Hill; Log Cabin Republicans; Love Honor Cherish; Marriage Equality USA; National Gay and Lesbian Task Force; Outfest; Point Foundation; Stonewall Democratic Club; The Imperial Court of Los Angeles & Hollywood; UCLA LGBT Campus Resource Center; and USC LGBT Resource Center.
Americans United for the Separation of Church and State:
Today’s Supreme Court marriage decisions advance equality while preserving religious freedom, according to Americans United for Separation of Church and State.
The high court ruled 5-4 that the Defense of Marriage Act (DOMA) is unconstitutional. The justices said the federal statute violates the equal liberty protections of the Fifth Amendment.
The high court also ruled 5-4 that defenders of Prop. 8, a California ban on same-sex marriage, do not have standing to bring the case before the justices. That means a federal district court decision striking down the ban remains in place.
Read More at AU.ORG…
Human Rights Campaign:
History was made today as the U.S. Supreme Court held that Proposition 8 is unconstitutional, returning marriage equality to California.
In addition to holding Prop. 8 unconstitutional, the Court also invalidated the discriminatory Defense of Marriage Act (DOMA) – so finally couples in the growing number of marriage equality states will also get the federal rights and benefits they deserve.
And though today will be remembered as a watershed moment in the fight for equality, the Court unfortunately stopped short of a broader decision on the fundamental right to marry.
Millions of us have been fighting for years – first to stop Prop. 8 from passing, and then to reverse it. Today’s victory, while joyous, is a reminder of the long road to win marriage equality nationwide.
|Text of Supreme Court Opinion Finding Ninth Circuit Had No Jurisdiction to Hear Appeal from District Court’s Decision That California Prop. 8 Is Unconstitutional (PDF)5-4 Decision; opinion written by Justice Roberts; dissenting are Justices Alito, Kennedy, Sotomayor and Thomas. Excerpt: “We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here. Because petitioners have not satisfied their burden to demonstrate standing to appeal the judgment of the District Court, the Ninth Circuit was without jurisdiction to consider the appeal. The judgment of the Ninth Circuit is vacated, and the case is remanded with instructions to dismiss the appeal for lack of jurisdiction. ” [Hollingsworth v. Perry, No. 12-144 (U.S. June 26, 2013)] (Supreme Court of the United States)
|Text of Supreme Court Opinion Ruling DOMA Is Unconstitutional on Equal Protection Grounds (PDF)5-4 decision; opinion written by Justice Kennedy; dissenting are Justices Alito, Roberts, Scalia and Thomas. Excerpt from the syllabus: “DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment…. By history and tradition the definition and regulation of marriage has been treated as being with in the authority and realm of the separate States…. DOMA rejects this long-established precept. The State’s decision to give this class of persons the right to marry conferred upon them a dignity and status of immense import. But the Federal Government uses the state-defined class for the opposite purpose — to impose restrictions and disabilities.” [U.S. v. Windsor, No. 12-307 (U.S. June 26, 2013)] (Supreme Court of the United States)
Bryan Fischer, AFA Spokesman
Matt Barber, Liberty Counsel
More to come, but all in all a good morning.