Statement by NCLR Executive Director Kate Kendell (San Francisco, CA, December 6, 2010)—Today, the Ninth Circuit Court of Appeals heard oral argument in Perry v. Schwarzenegger, the federal court challenge to Proposition 8, the 2008 ballot measure that stripped the freedom to marry from same-sex couples in California. U.S. District Court Judge Vaughn Walker ruled in August that the measure violated the U.S. Constitution, and Proposition 8’s proponents appealed that ruling to the Ninth Circuit....
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Prop 8
On August 16, 2010, the Ninth Circuit Court of Appeals granted the Proposition 8 proponents’ motion to stay U.S. District Court Judge Vaughn Walker’s decision, which means that same-sex couples in California will not be able to marry while the case is on appeal. However, the Ninth Circuit put the appeal on a fast track and specifically directed the Prop 8 proponents to address “why the appeal should not be dismissed for lack of Article III standing” in their opening brief. That means that the...
A statement from NCLR Executive Director Kate Kendell (San Francisco, CA, August 12, 2010)—Today, U.S. District Court Judge Vaughn Walker ruled that there was no basis to stay his Aug. 4 ruling that Proposition 8 violates the United States Constitution’s guarantees of due process and equal protection of the laws. However, Walker also ordered that marriages cannot begin until Aug. 18 at 5 p.m. in order to give the United States Court of Appeals time to review his decision to deny the stay. A...
A statement from NCLR Executive Director Kate Kendell (San Francisco, CA, August 6, 2010)—Today, both California Governor Arnold Schwarzenegger and Attorney General Jerry Brown filed separate motions opposing a stay of U.S. District Court Judge Vaughn Walker’s decision to overturn Prop. 8. A Statement from NCLR Executive Director Kate Kendell: “We salute Attorney General Brown and Governor Schwarzenegger for their leadership in opposing any further delay in implementing Judge Walker’s...
A statement from NCLR Executive Director Kate Kendell (San Francisco, CA, August 4, 2010)—Today in Perry v. Schwarzenegger, a federal lawsuit challenging California’s Proposition 8, Judge Vaughn R. Walker of the U.S. District Court in San Francisco ruled that Proposition 8 violates the United States Constitution’s guarantees of due process and equal protection of the laws. In his ruling, Judge Walker states: “Proposition 8 fails to advance any rational basis in singling out gay men and...
Shows that Voters Don’t Move During Campaigns; Debunks Theories Explaining Persistent Discrepancies between Polls and Actual Results (San Francisco, CA, June 15, 2010) — A groundbreaking report released today analyzing a decade’s worth of polling on ballot measures regarding marriage for same-sex couples found that forces supporting and opposing marriage equality had little success at changing voter sentiment during these campaigns. Moreover, pre-election polls were consistently unreliable...
Motion filed in response to judge’s call for information to resolve ‘factual disputes’ (San Francisco, California, July 8, 2009)—Lambda Legal, the National Center for Lesbian Rights (NCLR) and the American Civil Liberties Union (ACLU) today asked the U.S. District Court in San Francisco to allow Our Family Coalition, Lavender Seniors of the East Bay, and Parents, Families, and Friends of Lesbians and Gays to intervene in Perry v. Schwarzenegger, a federal lawsuit challenging California’s...
(San Francisco, CA, June 19, 2009)—The California Supreme Court has issued a modified version of its opinion in the cases challenging Proposition 8, to correct a factual error pointed out in a petition filed by NCLR and our co-counsel (Lambda Legal, the ACLU, Munger, Tolles & Olson LLP, and David Codell) and joined by the City and County of San Francisco. The revised opinion clarifies that the racially discriminatory initiative amendment that was challenged on federal constitutional...
Advocacy Groups Vow to Return to Polls to Restore Marriage for Same-sex Couples (San Francisco, CA, May 26, 2009)—Today, in a 6 to 1 decision, the California Supreme Court upheld Proposition 8, the ballot measure that eliminated the right of same sex couples to marry. In the ruling authored by Chief Justice Ronald George, the Court stated “We emphasize only that among the various constitutional protections recognized in the Marriage Cases as available to same-sex couples, it is only the...
Grupos de abogacía juran que volverán a la boleta para restaurar el matrimonio para las parejas del mismo sexo (San Francisco, CA, 26 de Mayo, 2009)— En una decisión de 6 a 1, la Corte Suprema de California confirmó hoy la Proposición 8, el plebiscito que eliminó el derecho a casarse a las parejas del mismo sexo. En el fallo por el juez Ronald George, presidente de la Corte Suprema, la corte dictaminó “Hacemos hincapié que dentro de las varias protecciones constitucionales reconocidas en los...