ACLJ Reacts to CA Supreme Court Decision Upholding Constitutionality of Ban on Same-Sex Marriage

(Washington, DC) The American Center for Law and Justice (ACLJ), focusing on constitutional law, said todays decision by the California Supreme Court upholding the constitutionality of Proposition 8 banning same-sex marriage reflected the fact that the court did its job in protecting the democratic process in California.  The ACLJ filed an amicus brief on behalf of several members of Californias Congressional delegation urging the California Supreme Court to uphold the states marriage amendment passed by voters in November which rejected same-sex marriage. 

The Supreme Court of California has upheld the right of California voters to amend their states constitution, said Vincent McCarthy, senior attorney with the ACLJ.  The court did its job in protecting the democratic process in California.

In its amicus brief in support of Proposition 8, the ACLJ represents itself and three members of the U.S. House of Representatives from California:  Rep. Dan Lungren, representing CA 3rd District and former Attorney General for California; Rep. Wally Herger, representing CA 2nd District; and Rep. George Radanovich, representing CA 19th District.

In the brief, the ACLJ contends that the language of Proposition 8 is unambiguous and clearly provides that only marriage between a man and a woman is valid or recognized in California.  The brief also asserts that the amendment does not violate the separation of powers under the California Constitution, and that San Francisco, Los Angeles, and Santa Clara lack legal standing in the case.

In its decision today, the California Supreme Court ruled that the voters of the State of California had the right under the California Constitution to amend the Constitution to prohibit same-sex marriage.

Californias Proposition 8, which prohibited same-sex marriage in California, was passed by the voters of California last November in response to a prior decision of the California Supreme Court holding that Californias statutory denial of same-sex marriage was unconstitutional. In essence, then, the voters of California overturned a decision of its Supreme Court. 

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.

Here's ACLJ legal analysis of the decision.  You can view it here.