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 In an announcement that could either lead to a return to marriage equality in California or a historic case before the U.S. Supreme Court, today the full U.S. Court of Appeals for the Ninth Circuit declined to review a February decision of that court ruling that California’s constitutional amendment stripping loving, committed gay and lesbian couples of marriage violates the U.S. Constitution.  With today’s announcement, the proponents of Prop 8 are now likely to seek review by the U.S. Supreme Court and the Ninth Circuit is likely to continue the stay of its decision until that process is complete.  In the event that the Supreme Court decides not to hear the case, the lower court ruling would stand and gay and lesbian couples would again be able to marry in California.

Statement by Human Rights Campaign President Joe Solmonese

“Once again, a federal court has affirmed that the cherished guarantees of our Constitution are there to protect all Americans – including lesbian, gay, bisexual and transgender people.  For over three years, the plaintiffs, the American Foundation for Equal Rights, and attorneys Ted Olson and David Boies have shown tremendous fortitude and perseverance in their fight for marriage equality.  With today’s announcement, we are one step closer to ensuring that gay and lesbian Californians – and, one day, our entire community nationwide – are able to join the institution of marriage and have their love and commitment respected equally.

Statement by NCLR Executive Director Kate Kendell, Esq.:

“Today’s refusal by the Ninth Circuit to grant further review is a testament to the meticulous and well-reasoned opinion originally issued by the Court. While the supporters of Proposition 8 will now seek review by the U.S. Supreme Court, there is no doubt that they are on the wrong side of history. Excluding same-sex couples from the right to marry runs counter to our highest ideals of equality and fairness.”

Statement by Chad Griffin AFER co-founder

“Today’s order is yet another federal court victory for loving, committed gay and lesbian couples in California and around the nation,” said AFER co-founder Chad Griffin.  “The final chapter of the Proposition 8 case has now begun.  Should the United States Supreme Court decide to review the Ninth Circuit’s decision in our case, I am confident that the Justices will stand on the side of fairness and equality.”

Statement by Stuart Gaffney, Marriage Equality USA Media Director

“The momentum for the freedom to marry seems unstoppable,” said Stuart Gaffney, Marriage Equality USA’s Media Director.  “Three weeks ago, the President of the United States announced his support for marriage equality. Last week, the 1st Circuit Federal Court of Appeals held that the so-called Defense of Marriage Act is unconstitutional. And today, the 9th Circuit Federal Court of Appeals upheld its earlier decision striking down Proposition 8. Nationwide polls have shown majority support for the freedom to marry for the last two years, and Californians now favor marriage equality by a 59 – 34 percent margin, according to the latest polling,” said Gaffney.

Statement by Adam Bink, Director of Online Programs, Courage Campaign

 "Today's decision is another step towards dignity and equality for all citizens. Together, we won when the discriminatory language of California's Proposition 8 was ruled unconstitutional in Judge Vaughn Walker's courtroom. We won in front of the three-judge panel from the Ninth Circuit Court of Appeals. And we won today before the full Ninth Circuit.

Statement by James Esseks, Director of the ACLU Lesbian, Gay, Bisexual and Trangender Project

“While we’re pleased that the court’s initial ruling against this discriminatory policy will stand for now, we know this fight may not be over yet," said James Esseks, director of the ACLU Lesbian Gay Bisexual and Transgender Project. "Hopefully, all families in California will have the freedom to provide and care for each other with the dignity and protection that only marriage can provide.”

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