Antonovich: U.S. Supreme Court Should Hear Appeal on Prop. 8 Ruling

Los Angeles County Supervisor Michael D. Antonovich wants an appeal on Prop. 8 to reach the U.S. Supreme Court, after Tuesday's landmark decision by the U.S. 9th Circuit Court. 

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Antonovich represents the 5th District, which includes La Crescenta, Glendale, La Canada Flintridge, Altadena, Arcadia, Monrovia, San Marino, South Pasadena and Glendora. 

He released a statement Tuesday that the U.S. Court of Appeals upholding U.S. District Chief Judge Vaughn R. Walker’s ruling that Prop. 8 is unconstitutional and that an appeal should reach the U.S. Supreme Court. 

“Once again, activist judges with a political correctness agenda have disenfranchised the people who voted overwhelmingly to oppose same-sex marriage in California -- over 4.5 million Californians in 2000, and over 7 million in 2008," Antonovich said. "This ruling needs to be appealed to the United States Supreme Court.” 

Judge Stephen Reinhardt, appointed by President Carter, and Judge Michael Hawkins, a Clinton appointee, voted in the affirmative, Antonovich said. The dissent was submitted by Judge N.R. Smith who was appointed by President George W. Bush.

It's likely that the 2-1 decision could be appealed to either the full 9th Circuit Court or to the U.S. Supreme Court.  

According to the court panel's ruling, the proposition's primary impact was to "lessen the status and human dignity of gays and lesbians in California."

"It stripped same-sex couples of the ability they previously possessed to obtain and use the designation of "marriage' to describe their relationships," according to the court's decision. "Nothing more, nothing less. Proposition 8 therefore could not have been enacted to advance California's interests in child-rearing or responsible procreation, for it had no effect on the rights of same-sex couples to raise children or on the procreative practices of other couples.

"Nor did Proposition 8 have any effect on religious freedom or on parents' rights to control their children's education; it could not have been enacted to safeguard those liberties."

Rep. Judy Chu, D-Monterey Park, who is running for Congress in the new 27th district that includes Altadena, quickly issued a statement of support for the ruling.

"This is the second court to rule against Proposition 8, and it is further validation that under the Constitution, and as a matter of fundamental fairness, the LGBT community is due the same basic human rights heterosexuals enjoy," Chu wrote.

She also acknowledged that the ruling would likely be challenged.

“This is a tremendous victory for everyone fighting for justice and equality.  And while it should be celebrated, our efforts can’t end here," Chu wrote. "The U.S. Supreme Court is likely to hear this case, and I urge the Court to defend the rights of all Americans by reaffirming today’s ruling.”

State Attorney General Kamala Harris also applauded the decision, saying, "Today's ruling is a victory for fairness, a victory for equality and a victory for justice."

Gov. Jerry Brown issued a statement saying the court "has rendered a powerful affirmation of the right of same-sex couples to marry. I applaud the wisdom and courage of this decision."