Prop. 8 Decision Hailed in WeHo
By Edwin Folven, 2/09/2012
Appeals Court Declares Prop. 8 Unconstitutional
Supporters of same-sex marriage jubilantly marched in the streets of West Hollywood Tuesday evening in celebration of the 9th Circuit Court of Appeals’ ruling that Proposition 8, the initiative that banned same-sex marriage in the state, is unconstitutional.
Same-sex marriage supporters marched in West Hollywood after the 9th Circuit Court of Appeals ruled Prop. 8 unconstitutional. (photo by Edwin Folven)
“Tonight, we have relief from Proposition 8. Today’s decision was based on domestic partnership laws, and the city of West Hollywood was the first city to pass domestic partnership laws. The last thirty years were a slow build up to get us to tonight,” said West Hollywood Mayor John Duran, who led a rally outside the West Hollywood Library before the marchers headed out on to San Vicente and Santa Monica boulevards. “Domestic partnership, which was once considered radical, is now the mainstream. It will all be different because we took a stand.”
The ruling was made by a three-judge panel of the 9th Circuit Court of Appeals that included Judges Stephen Reinhardt, Michael Daly Hawkins and N. Randy Smith. The panel voted 2-1, with Smith casting the dissenting vote, that Proposition 8 is unconstitutional because it unfairly singled out a group of people and denied them rights that were available to a majority of the population. The judges unanimously agreed, however, that proponents of Proposition 8 should have the option to appeal the ruling, and refused to lift an existing stay on same-sex marriage until after a decision is made about whether an appeal will be filed. There are two options for appeal, either filing to have the matter reviewed by a larger panel of the 9th Circuit Court of Appeals, or requesting it be reviewed by the U.S. Supreme Court. Proponents have two weeks to file for a review in the Court of Appeals, and 90 days to file a petition with the Supreme Court.
ProtectMarriage, the organization that backed Proposition 8, vowed to appeal the decision. Andy Pugno, general counsel for ProtectMarriage, issued a statement indicating that they would appeal the matter to the Supreme Court, but did not indicate when the appeal would be filed.
“It’s no surprise that the 9th Circuit’s decision is completely out of step with every other federal appellate and Supreme Court decision in American history on the subject of marriage. Ever since the beginning of this case, we’ve known that the battle to preserve traditional marriage will ultimately be won or lost not here, but rather in the U.S. Supreme Court,” Pugno said. “We will immediately appeal this misguided decision that disregards the will of more than seven million Californians who voted to restore marriage as the unique union of only a man and woman. We are confident that the rights of California voters will finally win out.”
Many members of the large crowd that gathered in West Hollywood Tuesday called the Court of Appeals’ decision historic, and were not discouraged by the prospect of an appeal. Jon Davidson, legal director at Lambda Legal, a civil rights law firm, said the ruling Tuesday indicates the courts will side against a ban on same-sex marriage.
“The tide is not turning, the tide has turned. Marrying the person you love is inevitable. The right to be with the person you love is inevitable, and this decision moves us many steps closer,” Davidson said. “The Ninth Circuit Court decided today that the people may not employ the initiative process to single out a single group and strip them of important rights, such as the right to marry. The court simply does not allow for laws of this sort.”
Many long-time supporters of same-sex marriage were ecstatic about the ruling, including Ivy Bottini, an LGBT activist who has been active in the movement for decades.
“The results of this decision and the results of what it is going to do are so historic,” Bottini said. “Having worked on this for over fifty years, this is a moment I have never experienced. I am happy for the people who want to marry. It says, ‘I am equal, I deserve this, and I am a human being’.”
Others, including Shawn Mimbs, a member of the City of West Hollywood’s Lesbian and Gay Advisory Board, said he is hopeful that same-sex marriages will resume soon.
“There is a sense of optimism that we are headed in the right direction,” Mimbs said. “It sets a wonderful precedent.”
Duran said the city of West Hollywood will begin preliminary work with the Los Angeles County Clerk’s Office to resume same-sex marriages as soon as the stay is lifted. If the Supreme Court decides not to review the Court of Appeals’ decision, it would mean the end for Proposition 8, and same-sex marriages would be allowed to resume. If the Supreme Court agrees to hear the case, a resolution could come sometime next year.
The march Tuesday evening included approximately 500 people who walked from the West Hollywood Library to the 8600 block of Santa Monica Boulevard, an area largely considered to be the heart of the LGBT community. West Hollywood resident Martin Bayliss, who participated in the march, said the time has come to allow all people to marry.
“I can’t wait for the chance to marry my partner, and things are moving in that direction,” Bayliss said. “This is a huge step forward for all people who have been waiting to get married for a very long time.”
