Plaintiffs Submit Brief to 9th Circuit Court of Appeals; Brief Available On American Foundation for Equal Rights Site;

Prop. 8 Struck Down by Federal District Court as Unconstitutional;

Initiative Denies Due Process and Equal Protection

OCTOBER 18, 2010 — The plaintiffs in the landmark Perry v. Schwarzenegger case that overturned Proposition 8 filed their brief with the 9th Circuit Court of Appeals today, reiterating the clear unconstitutionality of the initiative that led to its being struck down by a federal district court after an exhaustive trial comprising overwhelming legal arguments, expert witnesses and first-hand testimony.

“Fourteen times the Supreme Court has stated that marriage is a fundamental right of all individuals. This case tests the proposition whether the gay and lesbian Americans among us should be counted as ‘persons’ under the 14th Amendment, or whether they constitute a permanent underclass ineligible for protection under that cornerstone of our Constitution,” attorneys Theodore B. Olson and David Boies wrote in their filing.

“Our Constitution requires the government to treat every American equally under the law,” said Chad Griffin, the Board President of the American Foundation for Equal Rights. “Only full federal marriage equality would fulfill the requirements of our Constitution. That is why we are pressing this case through the Supreme Court.”

• Read the brief >
• Listen to press call >

The American Foundation for Equal Rights is the sole sponsor of the Perry case. After bringing together Theodore B. Olson and David Boies to lead its legal team, the Foundation successfully advanced the Perry case through federal district court and is now leading it through the 9th Circuit Court of Appeals before the case is brought to the United States Supreme Court. The organization is committed to achieving full federal marriage equality.

• Filing urging the 9th Circuit Court of Appeals to Uphold Prop. 8 decision >
• Summary of the trial>
• Federal District Court’s comprehensive, 136-page decision  >
• Video evidence and other court filings >

“More than 30 years ago, the United States Supreme Court recognized that marriage is one of the basic rights of man,” the original suit against Prop. 8 stated, referring to the Court’s decision in Loving v. Virginia, which struck down bans on interracial marriage.