American Foundation for Equal Rights

Marriage News Blog

3 Reasons for Marriage Equality

AFER’s case challenging Prop. 8 is founded on three basic points.

  1. Marriage is a fundamental right.
  2. Gay and lesbian couples are harmed when they are denied that right.
  3. Allowing gay and lesbian couples to marry hurts no one.

Since 1888, the U.S. Supreme Court has stated 14 times that marriage is a fundamental right of all individuals.

During the 2010 Prop. 8 trial, the first time a federal court heard testimony and evidence for marriage  equality, AFER lead co-counsel Ted Olson and David Boies called 17 witnesses –including experts in the social sciences, politics and psychology and several who talked about their personal experiences—to show the court the history and consequences of state-sponsored discrimination.

In a court of law, the arguments and evidence for marriage equality eviscerated any reason to deny loving couples the fundamental right to marry.  The courts have agreed every step of the way.

The Federal District court ruled Prop. 8 unconstitutional in August 2010, and was affirmed by the Ninth Circuit in February 2012.