Calif. Supreme Court Refuses 4-3 to Stay Homosexual 'Marriage' Decision

By one vote, California Supreme Court ignores pleas of California voters and state attorneys general to prevent needless legal turmoil nationwide

Wednesday, June 04, 2008, 12:08 PM (MST)
ADF Media Relations 480-444-0020

SAN FRANCISCO — The decision of the California Supreme Court Wednesday refusing to wait until after a vote in November on a proposed state marriage amendment to implement its May 15 marriage decision ignored the pleas of millions of California voters and attorneys general from 10 other states to prevent legal chaos, according to attorneys with the Alliance Defense Fund.

“The court has not only ignored the will of the people of California, it has imposed years of legal chaos quite possibly on the entire nation. Without exaggeration, this decision is the most egregious case of judicial activism in modern American history. By one vote, the court deafened its ears to millions of California voters and pleas from state attorneys general nationwide to avoid the potential of nationwide legal turmoil,” said ADF Senior Counsel Glen Lavy, who argued before the court March 4.

Three of the justices wanted to grant the motion for rehearing filed by ADF attorneys May 22. Though the majority of the justices refused to prevent potential legal chaos, the court did agree to the portion of the motion requesting that the court officially note the status of the marriage amendment, which the California secretary of state certified for the November ballot Monday.

“Voters should take note now: same-sex couples who plan on obtaining ‘marriage’ licenses between now and November do so fully knowing that the amendment vote is going to happen; therefore, activists are simply attempting to play upon voter sympathy. These couples already have every right the state can provide, and those rights are unaffected by the decision. A desire to manipulate the democratic process and a total lack of concern for the ramifications are the only reasons a couple would not wait a few months for a vote on the amendment,” Lavy explained.

“The people of California will vote in November,” Lavy added. “The courts report to the people, not the other way around.”

A copy of the order from the California Supreme Court refusing to grant a stay of its marriage decision and granting the request for notice filed by ADF attorneys in the consolidated marriage cases, In re: Marriage Cases, which includes the lawsuit Proposition 22 Legal Defense and Education Fund v. City and County of San Francisco, is available here.

The text of the proposed constitutional amendment is available here.

ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.