Alliance Defense Fund (ADF) posts: “[T]he ProtectMarriage.com legal team, which includes ADF attorneys, has won the latest legal skirmish and is still in the game – standing strong to defend marriage as between one man and one woman in the Golden State.”
The effort comes in reaction to the decision of a California judge—himself a homosexual—who ruled the “Defense of Marriage Act” unconstitutional last year, ridiculing the majority of voters who passed it as expressing “fear or unarticulated dislike of same-sex couples.” In his decision he called homosexual marriage an issue of “equality” and rejected traditional marriage as “an artifact of a foregone notion that men and women fulfill different roles in civic life.”
The legal team also supplants the failure of the State’s officials who refused to defend the people’s initiative:
Since California’s governor and attorney general both refused to defend the will of the people, the amendment would have gone undefended unless the ProtectMarriage.com legal team, on behalf of the official proponents of the marriage amendment, was allowed to step up and assume that defense.
Which is why it’s such good news that on November 17, the California Supreme Court ruled unanimously that the official proponents of the marriage amendment have the right, under state law, to defend that measure in light of the governor’s and attorney general’s refusal.
This does not mean the Act has been reinstated, but it means that the Courts will allow the Act to be defended in further Court cases, thus leaving the door open for its revival. And this is a victory, because homosexual activists were hoping the State officials’ inaction would indirectly kill the Act once and for all. Now the case can go to a higher court.
But this means there’s lots of work to do yet.
ADF is a legal alliance defending the right to hear and speak the Truth through strategy, training, funding, and direct litigation. We defend Our First Liberty – religious freedom – by empowering our allies, recognizing that together we can accomplish far more than we can alone.