California Gay Marriage Ban Headed to US Supreme Court

By LISA LEFF,Associated Press Updated at 2021-09-02 20:39:25 +0000


SAN FRANCISCO (AP) — The sponsors of California's same-sex marriage ban plan to ask the U.S. Supreme Court to review a landmark appellate court ruling that struck down the law as unconstitutional.

Alliance Defense Fund lawyer Brian Raum said Tuesday that Proposition 8's backers "absolutely" would take the case to the high court now that it has run its course at the San Francisco-based 9th U.S. Circuit Court of Appeals.

The move follows a federal appeals court's refusal to revisit a decision by two of its member judges declaring the voter-approved ban to be a violation of the civil rights of gays and lesbians in California.

Raum says he does not know if the Proposition 8 defense team will take the entire 90 days they have to petition the Supreme Court.