Plaintiffs Ask Supreme Court Not to Hear Prop. 8, Restore California Marriage Equality




Same-sex couples and plaintiffs (from left) Sandy Stier, Kris Perry, Paul Katami, and Jeffrey Zarrillo look on at a news conference following a hearing at the Ninth Circuit Court of Appeals on December 6, 2010, in San Francisco. (Photo by Justin Sullivan/Getty Images) 

Lawyers for the gay and lesbian plaintiffs in Hollingsworth v. Perry (formerly Perry v. Brown and Perry v. Schwarzenegger), the federal case challenging the constitutionality of California’s Proposition 8, today filed a brief asking the nation’s highest court not to hear the case.

If the U.S. Supreme Court declines to hear the case, lower court rulings that found Prop. 8 unconstitutional will stand and marriage equality will be restored in California, possibly by the end of this year.

““The Ninth Circuit found that eliminating the ability of gay and lesbian couples to have their relationships designated as marriages — and relegating them to separate and unequal domestic partnerships — achieves nothing except the marginalization of gay and lesbian individuals and their relationships, and therefore cannot withstand constitutional scrutiny,” plaintiffs’ attorneys Theodore B. Olson and David Boies wrote in today’s brief.

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