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Judge: Prop. 8 Supporters Can Defend Law in Court (1895)

Ruling reached Nov. 17: '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.'

11/18/2011 Comments (7)

SAN FRANCISCO (EWTN News)—Advocates of Proposition 8 can defend California’s traditional-marriage law in federal court, state supreme court judges ruled Nov. 17.

“This ruling is a huge disaster for the homosexual-marriage extremists” and “an enormous boost for Proposition 8 as well as the integrity of the initiative process itself,” ProtectMarriage.com announced after the ruling.

Thursday’s decision allows ProtectMarriage.com, sponsors of the 2008 initiative that defined marriage as a relationship of one man and one woman, to defend the law in federal court after California’s governor and attorney general refused to argue for its validity.

“In a post-election challenge to a voter-approved initiative measure,” wrote Chief Justice Tani Cantil-Sakauye, expressing the court’s unanimous ruling, “the official proponents of the initiative are authorized under California law to appear and assert the state‘s interest in the initiative‘s validity … when the public officials who ordinarily defend the measure or appeal such a judgment decline to do so.”

It is “essential to the integrity of the initiative process,” the chief justice said, “that there be someone to assert the state’s interest in an initiative’s validity on behalf of the people,” if public officials refuse to argue for the law.

Opponents of the marriage law had argued that the initiative’s sponsors could not step in to defend the law in federal court. The sponsors of Proposition 8, they said, had no direct stake in the court case that will decide whether it is constitutional.

But California’s Supreme Court justices disagreed in a ruling they said was “unrelated to the constitutional validity of Proposition 8.”

The legal question at hand, they noted, “involves a fundamental procedural issue that may arise with respect to any initiative measure” on any subject.

The judges sided with ProtectMarriage.com attorney Andy Pugno, who had warned against the prospect of public officials gaining effective “veto power” over measures passed on a popular vote.

“The California Constitution reserves this special power for proponents to draft and qualify and propose initiatives for the voters to vote on,” Pugno told EWTN News in September, after his organization made its case before the state’s high court.

“And if it’s passed and then it’s challenged in court, and the government basically says, ‘We give up,’ then, really, that has nullified or even vetoed all the efforts of the proponents who played an official role in sponsoring the initiative.”

In their Nov. 17 ruling, the justices voiced the same concern.

“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,” they stated.

It would be unreasonable, the justices said, to “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 … when those public officials decline to assert that interest or to appeal an adverse judgment.”

Pugno has stated that the move to stop Proposition 8 from being defended in federal court “really signals some desperation” on the part of homosexual activists, who appeared to be “willing to throw the entire initiative power of the people itself out the window, just to achieve their goal” of redefining marriage.

In its Nov. 17 statement on the ruling, ProtectMarriage.com said the court had “totally rejected” the demand of those activists, “that their lawsuit to invalidate Proposition 8 should win by default with no defense.”

“Their entire strategy relied on finding a biased judge and keeping the voters completely unrepresented,” Proposition 8’s sponsors said. “Today that all crumbled before their eyes.”

The marriage law’s proponents say they will now return their focus to the Ninth Circuit Court of Appeals. There, they seek to reverse a lower-court decision they have criticized for “declaring Proposition 8 and traditional marriage itself ‘unconstitutional.’”

 

 

Filed under california, prop. 8, traditional marriage

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This is good news in that it allows the 9th now to actually rule on this.  Dec 8th, SSM could be legal in California. Progress will be made, slow and with setbacks but progress.

At least Californians had a chance to vote against gay ‘marriage’.  In Massachusetts, thousands of taxpayers signed a citizen petition to bring the issue to a vote, but the Democrat-controlled state legislature refused to honor the procedure, throwing out the chance for a democratic vote.  I guess they knew traditional, valid marriage would win and the impossible concept of gay ‘marriage’ would be thrown out.  One party rule is tyranny, whether you agree on this issue or not.  Remember, too, that gay ‘marriage’ was approved in MA by judicial fiat in a by a 4-3 vote - hardly a mandate.  Money talks… but Truth will win out eventually.

“This ruling is a huge disaster for the homosexual-marriage extremists.”

Feh. If a bunch of hysterical Bible-thumpers want to make their case against marriage equality for Gay couples in court, fine with me. No doubt they will quote Scripture, scream about “religious freedom,” and wax poetic about how suddenly allowing Gay couples to legally marry will cause the human race to go extinct.

But the fact remains that most people are, and always will be, heterosexual .... and for them absolutely NOTHING about marriage is being “redefined.” They will continue to date, get engaged, marry, and build lives and families together as they always have. None of that is going to change when Gay couples are allowed to do the same.

Churches will be unaffected by marriage equality for Gay couples. Churches will never be forced to cater to Gay couples any more than they are forced to cater to Muslim or Atheist or Jewish couples.

A “huge disaster” for the Gay community? Nah.

They did it correct in California by affirming that marriage is between a man and a woman, which has been the definition of marriage for thousands of years.  No need to change to satisfy homosexual-marriage extremists. The court did not cave in to political pressure from the governor and others who will not accept the will of the people to keep marriage defined as between a man and woman.  We must continue to stand firm and not cave in to extremists because of their agenda.

Yes, it is good news, but not for the reason Rover suggests. The entire “Dream Team” strategy was predicated upon obtaining a reversal from a biased judge, and then using the standing issue to prevent the decision from every coming before the Supreme Court (which has already signaled its Supreme displeasure with that grotesque, stinking fraud and blot upon the legal profession Vaughn Walker).

That strategy now lies in smoking ruins.

The Ninth Circuit will, of course, uphold Walker- after all, it is the most overturned Circuit in the country :-)

The decision will be stayed, pending review from SCOTUS.

In the meantime, Minnesota and North Carolina will become the 32nd and 33rd consecutive states to outlaw homosexual pseudo-marriage at the polls.

Then, at long last, sometime probably in 2013, the SCOTUS will uphold Prop 8.

The big surprise will be the lopsided vote. I figure it is most likely to be unanimous, might be 8-1.

Then the foundational flaw of the entire Dream Team strategy will be thoroughly brought to light: an inability to count to five.

Rover Serton, progress toward what?  There are very good reasons for society to expect a man and a woman to make a public commitment to each other before they begin an intimate relationship, a commitment we call marriage.  But there is no reason for society to expect such a commitment from two people of the same sex.  I’m still trying to figure out if the people who support same-sex “marriage” are in denial or if they’re really confused.

Thank you Prop. 8 Advocates!  I am a homeschooling grandmother, and I’m contantly fussing and praying to God about the future my granddaughter will have to face.  It’s warriors like you that give me hope and strengthen my faith that He is listening.

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