AFER VIDEO | Prop 8 Unconstitutional AFER Press Conference Highlights

By Melanie Nathan, February 10, 2012.

Spencer Perry Photo: kristina Lapinski

Proposition 8, the 2008 measure that stripped same-sex couples of the right to marry in California, has now been found by two Federal Courts to be unconstitutional! Prop 8 discriminates against same-sex couples in violation of the Equal Protection Clause of the U.S. Constitution.

This week a majority from the three judge panel of the Ninth Circuit Court of Appeals upheld the ruling of   District Court, Judge Vaughn Walker and ruled that Prop 8 violates the Fourteenth Amendment to the Constitution because it “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 Court could not have been clearer!

One of three things can happen now;

a. If no action is taken by anyone the Ninth Circuit decision can stand and California will have marriage equality in ninety days, – unlikely ; or

b. The Ninth Circuit Court can go en banc  (http://www.scotusblog.com/2012/02/prop-8-a-slow-journey-to-the-court/) on its own and then it can go en banc once again.    It could do so in reaction to a request from some of the lawyers involved, or it might do so on its own without waiting for a request.  Either way, it could take a considerable amount of time before there is something final to take to the Supreme Court in Washington; and in time/or instead of

c. The Case can be appealed to The Supreme Court of  The United States.

I sat in the front row of the AFER celebration Press Conference after the ruling in San Francisco together with Kristina Lapinski of  GAY U.S.A the Movie. Watch her brilliant edit of the Press briefing.

Prop 8 AFER Highlights from www.gayusathemovie.com on Vimeo.

Picture by Kristina Lapinski of Spencer Perry, Plaintiffs’ Kris and Sandy’s son speaking at Conference