SAN FRANCISCO – Lawyers representing groups that oppose same-sex unions have asked the California Supreme Court to reject a bid to remove from the November election ballot a measure that would ban gay “marriage.”
This past week, attorneys with Alliance Defense Fund and Protect Marriage filed a 46-page petition asking the court to leave Prop. 8 – better known as the California Protection of Marriage initiative – on the state's ballot.
The initiative would uphold an earlier measure that defined marriage as being between a man and a woman.
Although over 60 percent of Californians had approved Proposition 22 in 2000, the California Supreme Court voted 4-3 in May to strike down this initiative and related California laws and allow same-sex couples to “marry.”
If approved, Prop. 8 would override the decision by the state's High Court and amend the California Constitution with the traditional marriage definition. Proponents of the measure said they gathered 1.1 million signatures to qualify the measure for the ballot.
Last week, Sen. John McCain endorsed the marriage amendement, saying he supported rights of Californians to define marriage as between a man and a woman, just as people in his home state of Arizona did.
"I do not believe judges should be making these decisions," he stated.
Sen. Barack Obama, however, said he would oppose the California ballot proposition.
Lawyers representing the pro-traditional marriage groups argue that the ballot measure is a valid way of correcting what they maintain was a flawed ruling from the state Supreme Court, according to the San Jose Mercury News.
"In reality, petitioners are challenging the sovereign power of the people to amend their constitution to override judicial interpretations of the constitution with which they disagree," the groups argue in court papers.
The lawsuit filed by ADF and Protect Marriage were in direct response to a suit filed two weeks ago in which gay “marriage” supporters asked justices to strip the initiative from the fall ballot.
Equality California, an organization that advocates on behalf of gays and lesbians, contends in the lawsuit that signers were misled as to the initiative's potential effect. The group also says Prop. 8 is a constitutional revision rather than an amendment and thereby cannot be decided by voters.
Ron Prentice, chairman of ProtectMarriage.com, said last month that the effort to thwart the measure was "an act of desperation."
"Backers of gay marriage have never secured anything close to a majority of Californians to support their position," he stated.
"They have had to rely on activist judges to do their bidding because voters do not support them. However, the People's right to vote on critical measures like this is of paramount importance and we believe the Supreme Court will rightfully allow voters to have their say."
Comments
"Sen. Barack Obama, however, said he would oppose the California ballot proposition."
1 more reason I'm not voting for Obama...
dongard-
You're such a drama queen . death - really, give me a break. Go back to sucking your thumb you big baby.
Way to go DP and Slacker, dongard and his hoard of heathens want to shame everyone into thinking they're so victimized. Out with those judges anyway. They overturned the will of the people, and I say out with them!
"its actually quite funny that those who claim the word of god, ie the bible is so precise and who have spent almost 2000 years arguing and killing each other over who is most precise, still don't seem to get that everyone has an opinion and the right to their day in court. but then i'm sure that daniel paul is just another christian who would gladly put anyone who did not agree that his(their) opinion was right to death.
this is such an old song and while the words may change the victims are just as dead. "
to Dongard, I guess you haven't figured out that it has nothing to do with religion at all, it has to do with the simple fact that in 2000 60% of the california voters approved proposition 22 and 4 people on the california supreme court took away their constitutional right to self governing. I guess right and wrong only work with your on the right and everyone else is on the wrong...
http://www.leginfo.ca.gov/.const/.article_18
The CA Constitution does not give a provision for the court to over-rule an ammedment going to the ballot. Check it out for yourself. They will be setting the Constitution aside in order to uphold their judgement if they keep it off the ballot.
Now, now....
actually, it was the 'righteous' that had nailed Jesus to the cross. I have absolutely NO dispute that man has done an especially good job at proving how much we need what Jesus offers in His grace and mercy.
I have no problem with the issue being heard in court. What I have a problem with is one branch of the government thinking it rules over the Constitution instead of serving under it.
You are right that there are many victims of tyranny.
its actually quite funny that those who claim the word of god, ie the bible is so precise and who have spent almost 2000 years arguing and killing each other over who is most precise, still don't seem to get that everyone has an opinion and the right to their day in court. but then i'm sure that daniel paul is just another christian who would gladly put anyone who did not agree that his(their) opinion was right to death.
this is such an old song and while the words may change the victims are just as dead.
"they gathered 1.1 million signatures to qualify the measure for the ballot."
If the court will not allow the prop on the ballot then California is no longer a state governed by the people. It would officially cross into tyranny and the people would have the right to claime the Declaration of Independence before the federal government to have these judges charged with treason.
It has nothing to do with it being about same-sex marriage or any other subject. It is a matter of the rights of the people.