The ballot initiative that revoked marriage equality in California has taken a big step towards having its constitutionality determined by America’s highest court. In a long-awaited move, proponents of Prop 8 have petitioned the Supreme Court to review the Ninth Circuit’s ruling in Hollingsworth .v Perry that the ballot initiative violated the federal Equal Protection Clause. A nearly 500 page document, which can found here, lays out their rationale for urging the court to review the case.
Prop 8 Trial Tracker broke down the core of their argument:
The question presented in the case is: “Whether the Equal Protection Clause of the Fourteenth Amendment prohibits the State of California from defining marriage as the union of a man and a woman.” The proponents tell the Court that they should answer the “profoundly important question whether the ancient and vital institution of marriage should be fundamentally redefined to include same-sex couples.” They write that leaving the Ninth Circuit’s decision intact would have “widespread and immediate negative consequences” and would leave the impression that any “experiment” with marriage would be “irrevocable”.
The Ninth Circuit issued a very narrow ruling, avoiding the question of whether gay and lesbian couples in general have a constitutional right to marry. Instead, it based its ruling on narrow grounds unique to California, where same-sex couples were left with all the state rights of marriage but not the name. It found that taking their designation of “marriage” while leaving their rights unchanged did not serve any of the purposes put forth by its defenders. Instead, its only purpose and effect was to lessen a targeted group’s status and dignity by reclassifying their relationship and families as inferior. While the Supreme Court will be presented with the narrower question as framed by the Ninth Circuit, it is impossible to tell, if it agrees to hear the case at all, whether they will rule on this principle or more broadly on the ability of states to deny lesbians and gays the right to marry.
The Supreme Court will likely decide in early October whether or not to hear the case. Back in February, PFAW applauded the decision of the Ninth Circuit Court of Appeals in upholding the decision of the district court striking down Prop 8.
Marriage equality is just one of the many critical issues that will come before the Supreme Court when they reconvene next session. The elevation of Prop 8 to the highest level of the judicial system underscores the increasing importance of the Supreme Court and the Presidential election.
It is a difficult to imagine a more conservative Court than the one we have now, but Mitt Romney has pledged to appoint justices even further to the right then John Roberts and Samuel Alito. Romney has also enlisted far-right judge Robert Bork to advise him on judicial matters.
Visit RomneyCourt.com for more on Mitt Romney’s extreme vision for the Supreme Court.