Proposition 8 Supporters Submit Opening Briefs to Supreme Court

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The Supreme Court battle over gay rights in California has begun, with supporters of the state’s ban on gay marriage already submitting their opening briefs with the justices.

Proposition 8 backers are trying to convince justices to uphold the vote that banned same-sex marriage in the state in 2008. They argue that the state’s constitution doesn’t “mandate the traditional gendered definition of marriage, but neither does our Constitution condemn it. This Court, accordingly, should allow the public debate regarding marriage to continue through the democratic process, both in California and throughout the Nation,” according to the court document acquired by Buzzfeed.

Passed in 2008, Proposition 8 took away the right to marry from gays and lesbians in California. The law was challenged by two gay couples, who got a historic decision on Feb. 7, 2012 when the U.S. Court of Appeals for the Ninth Circuit found Proposition 8 unconstitutional. But the proponents of the anti-gay law then took that decision to the Supreme Court.

In the document, submitted to the justices on Jan. 22, lawyers for Proposition 8 say: “Our Constitution does not mandate the traditional gendered definition of marriage, but neither does our Constitution condemn it. This Court, accordingly, should allow the public debate regarding marriage to continue through the democratic process, both in California and throughout the Nation.”

Opponents to the gay marriage ban in California still haven’t filed their opening briefs.

According to the American Foundation for Equal Rights, the court will hear the oral argument in Hollingsworth v. Perry, the federal constitutional challenge to California’s Proposition 8, on Tuesday, March 26.

The Supreme Court also indicated it will hear oral argument in United States v. Windsor, a challenge to the Defense of Marriage Act, on Wednesday, March 27.

Read the entire document submitted by the Prop 8 lawyers:

Hollingsworth v. Perry - Petitioners' Merits Brief by


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Greg Kabel
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