SACRAMENTO—Today, the ProtectMarriage.com coalition, the official proponents of Proposition 8 who were designated by the California Supreme Court to represent the State’s interest in upholding Prop 8, asked the entire Ninth Circuit Court of Appeals to review a smaller panel’s 2-1 ruling invalidating California’s state constitutional amendment protecting marriage as between a man and a woman.
“After careful consideration, we determined that asking for reconsideration by the full Ninth Circuit is in the best interests of defending Prop 8. This gives the entire Ninth Circuit a chance to correct this anomalous decision by just two judges overturning the vote of seven million Californians,” said Andy Pugno, general counsel for Proposition 8’s official proponents.
“The majority opinion by the smaller panel conflicts with every state and federal appellate court decision — including binding decisions of the Supreme Court and the Ninth Circuit itself — that has upheld the traditional marriage laws under the federal Constitution as rationally related to the state’s interest in responsible procreation and child-rearing,” he added.
“On behalf of the seven million Californians who voted to restore marriage as between a man and a woman, we think it’s important that the full Ninth Circuit has an opportunity to consider our appeal and maintain uniformity of the court’s legal precedents,” Pugno said.
Alliance Defense Fund Senior Counsel Brian Raum, a member of the legal defense team for Prop 8, added:
“The people of Californians deserve to have their vote on marriage defended before the full appeals court. The panel’s ruling mischaracterized the purpose of marriage, failed to faithfully and fairly interpret the Constitution, and disregarded every relevant appellate and Supreme Court precedent in American history.”
