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Published on Mar 8, 2012
The United States Court of Appeals for the Ninth Circuit issued a ruling in Perry v. Brown upholding the historic August 2010 decision of the Federal District Court that found Proposition 8 unconstitutional.
In an opinion authored by Judge Stephen Reinhardt, the Ninth Circuit concluded that Proposition 8 violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
"Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples. The Constitution simply does not allow for laws of this sort," Judge Reinhardt wrote.
"This case is about marriage and equality. Plaintiffs in this case, like millions of other gay and lesbian Americans, are being denied both the right to marry and the right to be treated with equal dignity and respect under the law," said Plaintiffs' lead co-counsel Theodore B. Olson. "Under our Constitution, gays and lesbians cannot be denied the most fundamental freedom in American society—the freedom to marry. Today's momentous decision reminds us that it is time that we, as Americans, treat all of our fellow citizens with fairness and decency."