AFER: SCOTUS ruling bodes well for Prop 8 case
This week’s Supreme Court ruling against a college group that did not permit gay members could have implications for the federal challenge to California’s Proposition 8.
The group behind the Proposition 8 challenge, the American Foundation for Equal Rights, sent a letter to judge Vaughn Walker on Tuesday – telling him why the Supreme Court’s ruling Monday against the Christian Legal Society should impact his decision.
In the Monday ruling, the high court found that Hastings College did not violate the First Amendment by pulling recognition from the Christian student group because it excluded gay students. Attorneys challenging Proposition 8 say the student group’s case hinged on the idea that homosexuality is behavioral – and that by ruling against it, the Supreme Court confirmed that gay people are an identifiable class.
Yusef Robb is spokesman for the American Foundation for Equal Rights, and says the Defenders of proposition 8 made a similar argument.
Robb: “One of the solutions they posited was that well, there’s no harm done. You can marry a woman if you’re a gay man. Or you can marry a man if you’re a lesbian woman. What the court said in this ruling is that essentially, being gay or lesbian is about being who you are as a person.”
Robb said the argument made by supporters of Proposition 8 didn’t stand up before – and the Supreme Court has just taken a leg away.
Robb also said Monday’s ruling bodes well for a possible Supreme Court ruling on the Proposition 8 case – noting that many of the current justices also ruled on the landmark Lawrence vs. Texas, and Romer vs. Evans cases, all three times coming down in favor of gay rights.