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Monday, February 18 , 2019, 11:07 am | Fair 55º


Capps Applauds Ruling Affirming Unconstitutionality of Proposition 8

Ninth Circuit panel upholds a 2010 opinion on California's marriage equality law

Rep. Lois Capps, D-Santa Barbara, applauded the three-judge panel of the U.S. Ninth Circuit Court of Appeals’ 2-1 opinion issued Tuesday upholding the 2010 ruling that Proposition 8 is unconstitutional.

Proposition 8 was the 2008 ballot initiative that ended the brief period of marriage equality in California. Capps opposed the initiative.

In 2010, a federal U.S. District Court judge struck down Proposition 8, ruling it unconstitutional. Subsequently, marriage equality opponents appealed that ruling to the U.S. Court of Appeals for the Ninth Circuit.

Tuesday’s ruling addressed the merits of the case and whether the judge who issued the 2010 ruling, Judge Walker, should have been disqualified from the case on the basis of his personal life.

“Today’s ruling is a historic milestone in achieving full equality for all Americans, further confirming what so many Americans have known for some time now — that marriage is a fundamental right which cannot be denied to gay and lesbian couples,” Capps said. “Marriage equality is a necessary step to ensure the civil rights of lesbian and gay Americans and their full participation in our society. This decision sends a clear message to all LGBT Americans, but an especially positive one to LGBT youth — you are valued and worthy, your rights are equal to others and not less, and one day you, too, may grow up and marry your beloved. This is a good day for California and a wonderful day for equality.”

Capps is a vocal, longtime supporter of equality for gays and lesbians. She supports repealing the Defense of Marriage Act and is an original co-sponsor of the Respect for Marriage Act, which would repeal provisions in DOMA that prevent same-sex couples who are married under state laws from receiving federal benefits.

Capps was also a leader on the issue of repealing the military’s discriminatory “don’t ask, don’t tell” policy. A vice chair of the Congressional Lesbian, Gay, Bisexual, and Transgender Equality Caucus, she supports full equality for LGBT Americans in essential civil rights areas, including but not limited to employment and housing discrimination, immigration status, federal benefits for families and creating safe schools for LGBT youth.

— Ashley Schapitl is press secretary for Rep. Lois Capps, D-Santa Barbara.

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