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U.S. Government Calls on Supreme Court to Recognize Marriage Equality in Proposition 8 Case


AFER Press Release- FEBRUARY 28, 2013. Washington, DC?? Today, Solicitor General Donald B. Verrilli, Jr., filed a brief on behalf of the United States Government as?amicus curiae?in support of the Plaintiffs challenging California?s Proposition 8 in?Hollingsworth v. Perry. ?The Government?s brief urges the Supreme Court to affirm the landmark federal court of appeals ruling that upheld the decision of the federal district court that found Proposition 8unconstitutional.

In its brief, the Government argues that Proposition 8 should be subject to heightened judicial scrutiny because it discriminates on the basis of sexual orientation. ?Since Proposition 8 cannot be justified as substantially furthering any important state interest, it violates the Equal Protection Clause of the Constitution.

Adam Umhoefer, executive director of the American Foundation for Equal Rights (AFER), the sole sponsor of the?Perry?case, issued the following statement:

?The brief filed by the Solicitor General is a powerful statement that Proposition 8 cannot be squared with the principles of equality upon which this nation was founded. ?It is an unprecedented call to action by our Government that it is time to recognize gay and lesbian Americans as full and equal citizens under the law. ?AFER looks forward to having Solicitor General Verrilli and the Federal Government by our side as we make the case for marriage equality for all before the Supreme Court.?

Enacted in November 2008, Proposition 8 eliminated the fundamental freedom of gay and lesbian Californians to marry. ?On December 7, 2012, the Supreme Court granted review in?Perry?to consider whether Proposition 8 violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution. ?The Court will hear oral argument in?Perry?on March 26, 2013.


About the American Foundation for Equal Rights

The American Foundation for Equal Rights is the sole sponsor of?Hollingsworth v. Perry, the federal constitutional challenge to California?s Proposition 8. ?After bringing together bipartisan attorneys Theodore B. Olson and David Boies to lead its legal team, AFER successfully advanced the Perry case through Federal District Court and the Ninth Circuit Court of Appeals. ?The case is currently before the United States Supreme Court. ?The Foundation is committed to achieving full federal marriage equality.?www.afer.org?