Achieving LGBT Equality Through Litigation, Legislation, Policy, and Public Education

Press Release

Family & Relationships

NCLR Responds to U.S. Supreme Court Oral Argument in Proposition 8 Case

Statement by NCLR Executive Director Kate Kendell

(San Francisco, CA, March 26, 2013)—Today, the United States Supreme Court heard oral argument in the constitutional challenge to California’s Proposition 8. The Court heard one hour of arguments from attorneys supporting and opposing the constitutionality of Prop 8.

Prop 8 is the 2008 measure that stripped marriage equality from same-sex couples in California, and was struck down in 2010 by former Chief U.S. District Judge Vaughn R. Walker, who found that the measure discriminates against same-sex couples in violation of the Equal Protection Clause of the U.S. Constitution. The decision striking down Prop 8 was upheld last year by the U.S. Court of Appeals for the Ninth Circuit.

A decision in the case is expected by the end of June 2013.

Statement by NCLR Executive Director Kate Kendell, Esq.:

“The passage of Proposition 8 was among the ugliest and most dispiriting moments in the history of California and our nation. Proposition 8 literally carved out same-sex couples from the full protection of the California Constitution and told them that they alone were no longer entitled to equality before the law. No other state has ever attempted such a direct attack on same-sex couples and their children, and we believe the Supreme Court will agree that Proposition 8 is a grievous offense to our Constitution’s promise of equality.”

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