AFER To SCOTUS: Pass On Prop 8 Case

The American Foundation for Equal Rights says the Supreme Court should decline to review the overturn of Proposition 8. Today AFER filed a brief in opposition to Protect Marriage's demand to have their appeal heard. Chris Geidner reports:

The case challenging the constitutionality of California's Proposition 8 is "an attractive vehicle" for determining "whether the States may discriminate against gay men and lesbians in the provision of marriage licenses" — but the Supreme Court should pass on the case, lawyers challenging the law say, and let stand an appeals court ruling that strikes down the 2008 amendment on narrow grounds.

If the Supreme Court takes the advice of Ted Olson, David Boies and the other lawyers representing the plaintiffs in Perry v. Brown, then Proposition 8 would remain unconstitutional, as the Ninth Circuit Court of Appeals held, and same-sex couples in California would regain the right to marry that they had been able to exercise briefly in 2008.

Four DOMA-related cases are also up for Supreme Court consideration.