homosexual advocates appeal decision to CA northern district
Posted: 5/27/09
The same sex marriage people are now appealing the California Supreme Court decision that upheld the ban on same sex marriage to
California's Northern district ref. The hierarchy of appeals for federal cases is district, circuit and then the US Supreme Court.
This case is noteworthy in that the plaintiffs are appealing to the US Constitution as opposed to the California Constitution. Attorneys Ted Olson and David Boies argue that the California Supreme Court ruling violates the
14th amendment to the US Constitution which guarantees equal rights to all citizens and that no state may make any law that takes away the basic rights of citizens to life liberty and the pursuit of happiness or take away their citizenship. They also argue that Prop 8 equals discrimination based on gender and sexual orientation and creates "second class citizens". This argument has been refuted in court before in Indiana
ref.
This is also significant because Ted Olson argued before the US Supreme Court many times has won most of his cases (75%). He is the nation's preeminent constitutional lawyer
ref.
UPDATE: The case is to be heard
July 2, 2009
Things are rapidly heading to a US Supreme Court battle on several fronts and it looks like it is only a matter of time before it happens and it doesn't look like it will be very long at that. This has happened before as previously mentioned
here.
Last Updated: 6/12/11
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