Liberty Counsel Files to Protect Marriage Amendment

More than 50 percent of California voters have confirmed that what has been true for thousands of years still remains true today: Marriage is the union of one man and one woman.

SAN FRANCISCO (Liberty Counsel) - Today Liberty Counsel filed its preliminary opposition summarizing its position regarding why the California Supreme Court should not consider petitions seeking to overturn the California Marriage Protection Act (Proposition 8). The Court has asked each party to provide these today. Liberty Counsel previously filed a motion to intervene on behalf of Campaign for California Families, and Liberty Counsel is submitting its preliminary opposition proposed by interveners.

For the second time in eight years, more than 50 percent of California voters have confirmed that what has been true for thousands of years still remains true today: Marriage is the union of one man and one woman. And, for the second time in eight years, same-sex marriage advocates are seeking to thwart the will of the people by asking the California Supreme Court to overturn Proposition 8.

Liberty Counsel argues that the Court should dismiss the petitions, because Proposition 8 is an amendment that was properly enacted by the voters of California through an initiative and is not a "revision" that needs the legislature's approval, as same-sex marriage advocates claim.

Liberty Counsel also argues that the Court should deny the petitions because they threaten the people's right to amend the Constitution by initiative, which is a right reserved to the people in the California Constitution.

Proposition 8 does not alter the balance of power between the various branches of government, nor does it undermine or eliminate fundamental rights. Instead, Proposition 8 memorializes the centuries-old definition of a universal social institution by adding 14 words to the Constitution: "Only marriage between a man and a woman is valid or recognized in California." The amendment passed with 52% of California voters. Now that it has been passed, the amendment will nullify the 4-3 ruling of the California Supreme Court issued on May 15.

Overturning Proposition 8 would contravene the Court's role as protector of the democratic process. It is overturning Proposition 8, not validating Proposition 8, that would wreak havoc on the democratic process.

Mathew D. Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, commented: "The people of California have spoken by affirming traditional marriage. It is time to move on. Fourteen words that reaffirm the historic and common sense definition of marriage are not a radical revision to the Constitution. It is a simple affirmation of what has been and should always be."

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Liberty Counsel is a nonprofit litigation, education and policy organization dedicated to advancing religious freedom, the sanctity of human life and the traditional family. Established in 1989, Liberty Counsel is a nationwide organization with offices in Florida, Virginia, and Washington, D.C., and hundreds of affiliate attorneys across the Nation.