LEGAL ACTION
Since 2003, CAMPAIGN FOR CALIFORNIA FAMILIES has defended marriage in California’s state and federal courts with the able representation of our friends at Liberty Counsel.
Dismissal of Motion -- July 16, 2008
California Supreme Court denies bid to strike Prop. 8 from ballot
Without comment, the California Supreme Court has rejected a bid to remove Proposition 8, the California Marriage Amendment, from the November 4, 2008 ballot. News story here.
On June 30, two marriage protection organizations, the Proposition 22 Legal Defense and Education Fund and Campaign for California Families, filed petitions with the court defending the right of voters to qualify and vote for
ballot measures, specifically, Proposition 8.
See Campaign for California Families' June 30 Petition
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Denial of Stay -- June 17, 2008
California Appeals Court Turns Down All Possible Stays and Appeals of In re Marriage Cases
On June 17, the California Court of Appeal denied Campaign for California Families' petition to stay the decision legalizing same-sex marriage. The Court of Appeal has now sent the case back to the Superior Court. A stay would have delayed the issuance of same-sex marriage licenses, allowing the Legislature to rewrite statutes that conflict with the ruling, and allowing the voters to amend the state constitution in November when they vote on the California Marriage Protection Act. Read more
On June 12, Liberty Counsel filed this petition on behalf of Campaign for California Families requesting the California Court of Appeal to stay the issuance of marriage licenses to same-sex couples.
The Supreme Court did not and cannot remove language from the state statutes, because it is not a legislature. In fact, the Supreme Court’s decision addressed only two statutes relating to marriage. There are many more relevant statutes that were not addressed. The power to write laws belongs to the people and legislative branch of government, not the judiciary.
Full Release Here | See the June 12 Petition
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Ruling -- May 15, 2008
On March 4, 2008, the California Supreme Court in San Francisco heard three-and-a-half hours of oral arguments in the homosexual "marriage" cases. Campaign for California Families is an official party in this case. Our attorney, Mathew Staver, provided the closing arguments of the day.
On May 15, 2008, the California Supreme Court ruled 4 to 3 that natural, man-woman marriage is unconstitutional, granting permission for homosexuals to obtain 'marriage' licenses and overriding the vote of the people (Proposition 22, a statutory initiative approved in 2000).
Fortunately, Californians will have an opportunity to override the judges on the November 2008 ballot and protect marriage licenses for a man and a woman in the California Constitution through the ProtectMarriage.com ballot measure.
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Background -- August 2007
Read our legal briefs filed with the California Supreme Court
The above referenced brief, filed by Liberty Counsel, also responds to briefs filed by Governor Arnold Schwarzenegger and Attorney General Jerry Brown, who are sworn to support and defend state law but who argued in their briefs that the legislature is free to eliminate marriage and any rights associated with marriage.
See Gov. Schwarzenegger's 8/17/07 legal brief PDF | See Attorney General Jerry Brown's 8/17/07 legal brief PDF
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History
In 2006, we won a major victory when the Ninth Circuit Court of Appeals dismissed the challenge of same-sex marriage advocates in the federal case of Smelt v. Orange County. Read the opinion PDF
In 2004 and 2006, we defended marriage in San Francisco Superior Court (lost) and the Court of Appeals, First District (won on a 2-1 ruling). Read the opinion PDF
In 2004, we successfully sued the Mayor of San Francisco for violating California’s marriage laws and were an official party in the consolidated marriage cases in San Francisco.
In 2003, we unsuccessfully sued the California Legislature for violating the people’s vote to protect marriage for a man and a woman (the politicians had awarded virtually every marriage right to the unmarried).
