California Courts Ignore Will of People by Invalidating Proposition 8

by: 

CA Staff
Feb 7, 2012
Wedding photo from MorgueFile

The 9th U.S. Circuit Court of Appeals ruled today that Proposition 8, the 2008 ballot initiative that codified the traditional definition of marriage, is invalid and unconstitutional. According to "The Lookout" Blog on Yahoo, the 9th Circuit Court in California struck down the state's voter-passed ban on homosexual marriage, ruling 2-1 that it violates the rights of homosexual Californians.

"This is a stunning assault on democracy and California's initiative process," states Karen England, Executive Director of pro-family group Capitol Resource Institute and a key leader in the passage of Proposition 8. "Well over 50% of California voters approved Proposition 8; today their will was overturned by a panel of arrogant judges who want to impose their political agenda on the rest of us."

The Court of Appeals also denied a petition to intervene that was filed by Chuck Storey, County Clerk for the County of Imperial. Storey was elected as the Imperial County Clerk in November 2010, was sworn into office on January 3, 2011 and then filed a petition to intervene in February 2011. According to Advocates for Faith & Freedom, the question of who has a right to defend Proposition 8 has been at the center of the litigation since neither the Governor, Attorney General or other named defendants would defend the initiative adopted by a majority vote of the people of California. After the official campaign proponents were granted the right to intervene in the District Court, questions were raised as to whether they would have sufficient standing to appeal the case and ultimately take the case to the U.S. Supreme Court. County Clerk Chuck Storey sought to intervene in order to ensure that the people's vote is defended all the way to the Supreme Court and in coordination with the official proponents.

The 9th U.S. Circuit Court of Appeals' ruling is not the end of the road for Proposition 8, according to England. "The truth will always prevail and we are confident that the traditional-and true-definition of marriage will be upheld by the Supreme Court," stated England. "The voice of the people must be heard and respected. The future of California and American families depends upon the sanctity of traditional marriage. It's time for the courts to recognize marriages' critical role in society and protect it."

County Clerk Chuck Storey will now seek review from the U.S. Supreme Court in conjunction with official proponents. Clerk Storey, who serves as the Commissioner of Civil Marriage stated, "I took an oath of office to uphold the California Constitution, and Proposition 8 is part of the Constitution."

Also see:

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Insuring Religious Liberty: Obama Care, Ronald Reagan, and the Crisis of Conscience in America Today