Prop 8: Why It’s Still Good Law and The Fight to Defend it is Far from Over

By Kellie Fiedorek, Alliance Defending Freedom Litigation Counsel

Despite what you might have heard over the past couple of weeks, the U.S. Supreme Court’s ruling on June 26th that the supporters of Prop 8 did not have the legal right to defend California’s marriage law in federal court did not impact the validity of the marriage law over 7 million Californians voted to enact.

The only direct effect that the Court’s decision has on marriage in California is to permit the four plaintiffs in that case, and them alone, to seek and receive marriage licenses.  The district court’s ruling extends no further than to these four individuals.

So what does this mean for the rest of the State?  It means that Prop 8 remains the law of the land in California.  It also means that Attorney General Kamela Harris’s and other public officials’ attempts to invalidate Prop 8 lack any legitimate legal authority.

And although these unwarranted actions have created uncertainty and confusion throughout California about the status of its marriage law, it is important that you know the truth: that Prop 8’s proclamation that marriage is the union between one man and one woman remains the law in California.

This is why Alliance Defending Freedom filed a new action with the California Supreme Court on Friday—to seek clarity regarding Prop 8’s future and to ensure that California’s marriage law is properly enforced.  We will not leave the people of California voiceless in this crucial matter of public policy, particularly when the elected officials responsible for defending the state’s laws have refused to do so.

It is simply not true that one unelected district court judge has overturned this voter-approved ballot initiative—which affirms the truth about marriage as the union joining a man and a woman, a proclamation that the people of California have twice approved.

The Prop 8 saga goes on, and the fight to defend truth and justice continues.  Contrary to the self-serving actions by the attorney general and other state officials, including their directive that all county clerks, under threat of penalty, must ignore the state’s marriage amendment, the reality is that California law continues to affirm marriage as the union of one man and one woman.

In filing this new action, we continue to defend the rule of law, the democratic process, and the more than 7 million Californians who voted for Prop 8.  And we ask the California Supreme Court to ensure that the people’s laws—not the desires of some public officials—govern that great state.

With so much at stake, we owe the citizens of California—and future generations of Americans—nothing less than every ounce of our efforts to seek justice in this matter.  Please continue to keep this issue in your prayers, and we’ll keep you informed on things as they progress.

Author: Alliance Defending Freedom