Proposition 8 Appeal to Full 9th Circuit Gives Appellate Court Opportunity to Reverse Grievous Error


FOR IMMEDIATE RELEASE: February 22, 2012

Contact: Anath Hartmann or Elizabeth Ray (703-683-5004)

National Organization for Marriage

Washington, D.C.—The National Organization for Marriage (NOM) today said that the decision of the proponents of Proposition 8 to seek review of the panel’s split decision to overturn Prop 8 gives the Ninth Circuit the opportunity to correct a grievous error and reverse the panel’s decision.

“Even though we were looking forward to the US Supreme Court finally getting this case right away -- because we fully expect them to uphold Proposition 8 and traditional marriage -- we understand the desire of the proponents of Prop 8 to have the grievous error made by the panel reversed at the soonest possible moment,” said Brian Brown. “We wouldn’t normally have a lot of confidence in the Ninth Circuit, but the decision to invalidate Prop 8 is so outlandish that perhaps even the remaining justices of the Ninth Circuit itself won’t be able to stomach it. We can support this decision to seek en banc review.”

In a hotly-divided 2-1 opinion, a panel of the Ninth Circuit led by uber-liberal Justice Stephen Reinhardt ruled that Proposition 8 violates the equal protection clause of the 14th Amendment to US Constitution and is thus invalid. Reinhardt, the most overturned appellate court justice in America, wrote an opinion that ignored Supreme Court precedent and conflicts with every state and federal appellate court opinion that have upheld traditional marriage laws like Proposition 8.

“NOM will continue to support the efforts of the proponents of Propsoition 8 to defend the initiative and traditional marriage itself,” Brown said. “We look forward to the higher courts recognizing that marriage between one man and one woman not only is not unconstitutional, it is profoundly in the public good.”


To schedule an interview with Brian Brown, President of the National Organization for Marriage, please contact Elizabeth Ray (x130), [email protected], or Anath Hartmann,[email protected], at 703-683-5004.

Paid for by The National Organization for Marriage, Brian Brown, president. 2029 K Street NW, Suite 300 Washington, DC 20006, not authorized by any candidate or candidate's committee. New § 68A.405(1)(f) & (h).