Family Research Council (FRC) have praised the decision by the California Supreme Court to allow the proponents of California’s marriage amendment, Proposition 8, to defend its constitutionality in federal court.

The ruling was necessary because, although the amendment defining marriage as the union of one man and one woman was adopted by voters in 2008, California’s Governor and Attorney General have refused to defend it against a federal constitutional challenge in a case now known as Perry v. Brown.

Now-retired U.S. District Court Judge Vaughn Walker ruled in 2010 that Proposition 8 violates the U.S. Constitution. The decision was appealed to the U.S. Court of Appeals for the Ninth Circuit, but judges there asked the California Supreme Court to first rule on whether proponents have standing to defend California law when public officials refuse to do so.

FRC President Tony Perkins issued the following statement regarding today’s ruling:

“We welcome the decision of the California Supreme Court upholding the right of those who put California’s marriage amendment on the ballot to defend it in court.

“It is unconscionable that the Governor and Attorney General have abdicated their responsibility to defend their state’s constitution against attack in federal court. However, the silver lining is that the people’s decision to preserve the definition of marriage as the union of one man and one woman will now receive a robust defense, not merely a perfunctory one.

“We hope that the judges of the Ninth Circuit will recognize the absurdity of Judge Walker’s claim that a right to homosexual ‘marriage’ is found in the U.S. Constitution, and preserve the right of the people ofCalifornia to govern themselves,” concluded Perkins.

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1 Comment for California Supreme Court Praised for Marriage Amendment Decision

Jerome McCollom

These organizations, such as the FRC, are obsessed with the idea that two men, or two women, who love each other might be able to marry like everyone else. They are obsessed with forcing biblical law into the civil law. They are obsessed with making us the Christian right-wing version of Iran or Saudi Arabia. They are obsessed with the sex lives of adult gay men. They, and their ideas are the same ones that defended bans on interracial marriage. Their rightwing ancestors defended women not having the right to vote.

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