California Supreme Court to Hear Challenges on Prop. 8 PDF Print E-mail
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Written by cwnewz network, on 20-11-2008 08:03
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Thomasson: "If the court disobeys the constitution by voiding Prop. 8, it will ignite a voter revolt."

Randy Thomasson, president of Campaign for Children and Families, a leading California- based pro-family organization had this to say on the supreme court looking at the case. 

"It's unfortunate that the judges are giving time to the mushy, subjective arguments of homosexual activists who reject the clear reading of the constitution and the clear reading of Proposition 8. If the court disobeys the constitution by voiding Prop. 8, it will ignite a voter revolt. It will also threaten the validity of all future constitutional amendments.

"The court is playing with fire by threatening to destroy the people's vote on marriage. The California Constitution clearly says that the voters have the right to alter the highest law of the land. It's the beauty of the American system of government. The four Supreme Court justices who unconstitutionally invented homosexual 'marriages' -- Ron George, Joyce Kennard, Kathryn Werdegar and Carlos Moreno -- seem to be ignoring the fact that the people get the last word, not the judges.

"The clear reading of the constitution, as well as California's legal and legislative history, tells us there is a world of difference between a constitutional amendment and a constitutional revision. Proposition 8 is a single-subject, voter-initiated amendment, not a legislature-initiated, multi-issue, whole-scale revision that alters many sections of the state constitution.

"If Prop. 8 gutted the constitution, why is it only one subject in one section of the constitution? If Prop. 8 doesn't stand, then our constitution doesn't mean anything, the people's vote doesn't mean anything, marriage has been utterly disrespected, and judges lied when they swore to uphold the constitution. Prop. 8 must stand, because the constitution is above the judges, not the other way around.

"Marriage is, was, and should always remain a natural, beautiful relationship between a husband and a wife. Marriage between a man and a woman is an essential, beneficial role model for children to emulate.

Prop 8 heads to court

 The official proponents of Proposition 8 and ProtectMarriage.com - Yes on 8, the campaign committee responsible for its enactment by voters said it is "profoundly gratified" that the California Supreme Court granted all their requests by agreeing to accept original jurisdiction of three cases challenging the measure's validity, granted their request to intervene in the cases as Real Parties in Interest, denied the request of others to delay implementation of Proposition 8, and refused to allow outside groups to directly participate in the litigation.

"This is a great day for the rule of law and the voters of California," said ProtectMarriage.com General Counsel Andy Pugno. "This order means that voters will get their day in court and ensures that voters will have a vigorous defense of Proposition 8 before the California Supreme Court. We are profoundly gratified with the Court's order and are confident that Proposition 8 will be upheld."

The Supreme Court has accepted original jurisdiction of three cases that claim Proposition 8 is a constitutional revision rather than a constitutional amendment and thus should not have been presented to voters. The Court's order accepting the cases, as was requests by the proponents of Proposition 8, will provide a ruling on Prop 8's validity in a matter of months, rather than potentially years of protracted litigation.

Perhaps the most significant part of the Supreme Court's order is to deny the requests of the plaintiffs in the three cases to stay the implementation of Proposition 8. This means that, once the vote is certified, Proposition 8 will take effect as of midnight, November 5th. The Constitution of California has been amended to provide that only marriage between a man and a woman will be valid or recognized in California.

"The California Supreme Court is recognizing the People's vote on Proposition 8 and is allowing the measure to go into full effect," Pugno said. "This is a great legal victory for voters."

Also of key significance, the Court has granted the request of the proponents of the initiative and their campaign committee to intervene in the litigation as Real Parties in Interests. This ruling grants the backers of Prop. 8 full legal standing to submit written arguments and appear in oral argument before the Court.

"Granting the backers of Prop. 8 intervention in these cases means that voters can be certain that there will be a thorough and vigorous defense of Prop. 8," Pugno said. "Voters will not have to solely depend on Attorney General Jerry Brown to defend the measure. Since the attorney general was an active opponent of Proposition 8, we did not want the fate of the measure to rest in his defense of it."

The Court also denied the request of unrelated parties, including the Campaign for California Families (CCF), to intervene in the litigation. The proponents of Prop. 8 had asked the Court to deny CCF's proposed intervention.

 

The cases seeking to invalidate Proposition 8 are Strauss v. Horton, S168047; City and County of San Francisco v. Horton, S168078; and Tyler v. State of California, S168066.
Christian Newswire





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Published in : The News, Top Stories
Keywords : News, Top Stories, California Supreme Court to Hear Challenges on Prop. 8, Prop. 8, California Supreme Court, ruling, voting, ProtectMarriage.com, Constitution of California

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