Friday, November 18, 2011

The Continuing Fight to Defend Marriage

"A Family Grouping" by James Hayllar

 Today, I got an e-mail announcement from Family Watch International that gives me hope! See the entire message below:

November 17, 2011
California Supreme Court Decision a Major Victory in the Fight to Defend Marriage 

Today the California Supreme Court ruled unanimously that the Proposition 8 coalition, the group that pushed through the California constitutional marriage amendment, has legal standing to defend the amendment in court.

This is a huge victory in the fight to defend marriage. 

Since Judge Vaughn Walker held in a lower court that defining marriage in California as only the union of a man and a woman somehow violated the U. S. Constitution, had the California Supreme Court ruled the other way, it is likely that the ideologically-driven ruling of this activist judge would have stood.

We reported previously that the Proposition 8 coalition was forced to step in and defend the state’s constitution in court because then California Governor Arnold Schwarzenegger and then California Attorney General Jerry Brown shirked their constitutional responsibilities by refusing to defend the state’s constitution in court.

Assuming that the federal Ninth Circuit Court accepts the ruling they had requested of the California Supreme Court, the case will move on to a decision. However, regardless of which way the circuit court rules the case will almost certainly go to the U.S. Supreme Court. 

There is still a long and expensive road ahead to defend Prop 8 from this legal assault, but this unanimous decision today, which allows Prop 8 proponents to defend man/women marriage in court, was a critical victory in that effort.

Sincerely, Sharon Slater

Attached below is an excellent summary and analysis of this decision by Andy Pugno, the general counsel of the Proposition 8 Legal Defense Fund.

Today the California Supreme Court ruled UNANIMOUSLY to uphold our right, as the official proponents of Proposition 8, to defend the vote of over seven million Californians to restore traditional marriage in 2008! This victory is an ENORMOUS boost for traditional marriage, as well as the integrity of the initiative process itself! 

The Court held: 
“[W]e conclude that when public officials decline to defend a voter-approved initiative or assert the state’s interest in the initiative’s validity, under California law the official proponents of an initiative measure are authorized to assert the state’s interest in the validity of the initiative and to appeal a judgment invalidating the measure.” 
The Court also exposed the obvious flaw in our opponents’ arguments, observing that denying us legal standing to defend Prop 8 would give politicians an illegal “veto” over the people’s initiative power: 
“Neither the Governor, the Attorney General, nor any other executive or legislative official has the authority to veto or invalidate an initiative measure that has been approved by the voters. It would exalt form over substance to interpret California law in a manner that would permit these public officials to indirectly achieve such a result by denying the official initiative proponents the authority to step in to assert the state’s interest in the validity of the measure or to appeal a lower court judgment invalidating the measure...” 
Meanwhile, this ruling is a HUGE disaster for the homosexual marriage extremists. The Supreme Court completely rejected our opponents’ demands that their lawsuit against Proposition 8 should proceed without any legal defense, and thus win by default! This is devastating for them because their entire legal strategy relied on finding a biased judge to rule in their favor, and then winning on appeal by keeping the voters completely unrepresented. Today that all crumbled before their eyes. 

Today’s decision is a critical milestone in our three-year battle to uphold marriage between a man and a woman in California after the passage of Proposition 8. Now we can return our focus to the Ninth Circuit Court of Appeals and our appeal to reverse the lower court’s decision declaring Proposition 8 and traditional marriage itself “unconstitutional.”
 The fight for traditional marriage goes on, and I will do all I can to spread the word and pray. We will "Carry On!"

1 comment:

  1. Always great to hear good news!

    I am still baffled as to why such a Judeo/Christian institution is sought after by those apparently not living the laws of God.

    Maybe a new term should be coined for the Union of same sex or even the union of non-believers. But the meaning of the term 'marriage' should not be changed to fit this criteria.


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