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February 22, 2012

California Marriage Amendment Appealed to Full 9th Circuit

by Karla Dial

ProtectMarriage.com, the legal team defending the California marriage amendment known as Prop. 8, announced this afternoon that they are appealing the case to a retinue of judges at the 9th U.S. Circuit Court of Appeals, rather than going straight to the U.S. Supreme Court.

On Feb. 7, a three-judge panel from the 9th struck Prop. 8 down, reasoning that since the California Supreme Court had previously extended marriage to same-sex couples in the state, the 2008 voter initiative to keep the definition of marriage as the union of one man and one woman unconstitutionally revoked a “right.”

“This gives the 9th Circuit, the entire 9th Circuit, a chance to correct this really anomalous decision by just two judges overturning the votes of seven million Californians,” said Andy Pugno, general counsel for ProtectMarriage.com. “When there are bad decisions, we have to deal with those and build a record so that we have a full record and all the legal arguments in front of the Supreme Court.”

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