The American Foundation for Equal Rights (AFER) is speaking out against so-called “desperate” attempts by anti-gay marriage activists to continue challenging the August 2010 ruling that found Prop. 8 unconstitutional.
Earlier this spring, Chief Judge James Ware of the U.S. District Court struck down an argument claiming that gay judges are less capable of impartiality and fairness when it comes to cases involving LGBT issues. Despite this defeat, however, Prop. 8 proponents have continued to fight tooth and nail to prevent gay marriage — and are now engaged in efforts to appeal the judge’s most recent decision.
Theodore J. Boutrous Jr., counsel for AFER, expressed disappointment that anti-gay marriage activists have launched an assault on former Chief Judge Walker (the openly gay judge who issued the initial ruling in the Perry v. Schwarzenegger case) in order to further their cause. Boutrous stated, “Chief Judge Ware correctly recognized that a gay or lesbian judge is entitled to the same presumption of fairness and impartiality as all other federal judges, not the presumption of bias urged by Proponents. We are confident that the denial of Proponents’ unfortunate motion will be affirmed.”
Another source of discord between AFER representatives and Prop. 8 advocates is the latter’s alleged attempt to suppress videotapes of the Perry trial from the upcoming appeal hearings. AFER suggests that anti-marriage forces fear these tapes may potentially work against them as evidence that the trial was, in fact, fair.
In response to the Prop. 8 supporters’ latest anti-marriage efforts, AFER Board President, Chad Griffin noted that, “With this appeal, they have once again revealed the same animus they showed during their anti-gay political campaign to pass Prop. 8.”
He added, “They will stop at nothing to deny gay and lesbian Americans the freedom to marry.”
