Prop. 8 defenders appeal to full 9th Circuit

News release from Alliance Defense Fund

SAN FRANCISCO — Defenders of marriage in California asked a full panel of the U.S. Court of Appeals for the 9th Circuit on Tuesday to review a smaller panel’s 2-1 decision against the state’s constitutional amendment that protects marriage as the union of one man and one woman. Seven million California voters approved the amendment through Proposition 8 in November 2008.

Alliance Defense Fund attorneys are part of the legal defense team for ProtectMarriage.com, the banner organization for the official proponents and campaign committee of Proposition 8. 

“The people of California deserve to have their marriage amendment defended before the full appeals court,” said ADF Senior Counsel Brian Raum. “The panel’s ruling mischaracterized the purpose of marriage, failed to faithfully and fairly interpret the Constitution, and disregarded every relevant appellate and Supreme Court precedent in American history. Marriage is too valuable to be redefined by two San Francisco judges in a case funded by Hollywood millionaires.”

On Feb. 7, two judges on a three-judge 9th Circuit panel concluded in Perry v. Brown that California’s marriage amendment — Article I, Section 7.5 of the state constitution — is unconstitutional in part because the court believed claims that voters sought to “target a minority group.”

“The idea that Californians — of all people — sought to ‘send a message that gays and lesbians are of lesser worth,’ as the two-judge decision claims, is simply absurd,” explained lead counsel Charles J. Cooper with the Cooper & Kirk law firm. “Voters from all walks of life, political parties, races, and creeds supported Proposition 8.”

Cooper said a 2006 decision by New York’s highest court made the point well: “Until a few decades ago, it was an accepted truth for almost everyone who ever lived, in any society in which marriage existed, that there could be marriages only between participants of different sex. A court should not lightly conclude that everyone who held this belief was irrational, ignorant or bigoted. We do not so conclude.”

 

READER COMMENTS

Posted Thursday, February 23, 2012 12:47 AM By Dan
“. Marriage is too valuable to be redefined by two San Francisco judges in a case funded by Hollywood millionaires.” Judges with a horribly deficint understanding of the natural law are a law unto themselves.

Posted Thursday, February 23, 2012 3:27 AM By Becca
Judges are appointed by politicians. When we vote for immoral and sinful politicians – we get immoral and sinful judges. In the case of Judges that we can vote for – do your homework just like we must do for polticians, so you will know the moral fiber of each candidate. Federal, State and Local elections are all important and affect our daily lives.

Posted Thursday, February 23, 2012 5:19 AM By Pat
So what’s next ? ? ? Bigomy, poligomy, marrying one’s dog or cat? Perhaps the Judges don’t want to discriminate against anyone’s perverted desires. By the way, please name these Judges and the person who appointed them. – This would be very helpful in knowing the immoral persons involved.

Posted Thursday, February 23, 2012 7:30 AM By JMJ
Is it no wonder that not too many lawyers or judges will get into Heaven? I think one of the reasons that hell is so bad, is because they are all down there still spreading their deceit and lies. These judges will have so much to answer for on that day when they meet Jesus face to face and of course, their punishment will be horrible. Let us all pray that they will all let the Holy Spirit enter into their hearts (especially those that call themselves Catholic) and accept Jesus as Lord and Savior and repent from their unworthy actions and to become true judges. +JMJ+

Posted Thursday, February 23, 2012 8:52 AM By charlio
Story today in First Things “First Thoughts” blog: “Proposition 8 and the Mainlines” Long before the issue of same-sex marriage grabbed the spotlight, liberal Protestant pastors in Northern California were fighting against church rules prohibiting ordination and marriage of homosexuals. The United Methodist Church seems to be “the last holdout among major mainline Protestant groups,” while nearly all the rest have gotten on board with gay marriage and ordination. [Last lemming rush over the cliff.]

Posted Thursday, February 23, 2012 10:06 AM By Tracy
May I suggest that we all follow the lead of marriage advocates by refusing to use the “left’s” use of the phrase “same sex marriage”. This phrase is an untruth since it doesn’t exist. They suggest using the phrase “the redefinition of marriage”, when talking about what the left wants to do.

Posted Thursday, February 23, 2012 10:33 AM By Michael Miiller
Most of these comments are embarassing to Catholics. Where is your decency? Do you really think that your comments are in any way Christian? The rhetoric is sinfull.

Posted Thursday, February 23, 2012 11:06 AM By Clinton
I agree with Tracy. Let’s stop with the euphemism ‘same sex marriage’ and call it what it is: homosexual unions that are abhorrent to God.

Posted Thursday, February 23, 2012 6:34 PM By Miguel
Michael why don’t you ask yourself what is sinful here? Why do we have any laws at all? What is the point on teaching morality if a small group of disordered people can redefine an institution that has be in place for thousands of years, just because it “feels right”? It’s amazing to me that gays have the audcity to claim this is “discrimination” when there is a big difference between a same sex attraction and “choosing” to have sex. If I follow your logic then what is the point of marriage at all? Just make adultery acceptable. Call it for what it is, the only reason there is a flawed idea of “gay marriage” is simple, there are financial benefits. Among those being health benefits which will supplement “Aids” and other diseases that are associated with the gay “lifestyle”. Just as Obama want’s Catholics to pay for abortions, birth control and abortion drugs. They people who do things the right way must pay for people who do things the wrong way.

Posted Friday, February 24, 2012 2:52 AM By Aaron
Despite your protests, well over half of all Catholics support gay marriage (Gallup Poll).These dissenters to the views expressed on this website understand that the 1189 Federal rights that come with a marriage license are unavailable to gay couples: e.g., avoiding estate tax when a spouse dies (that will probably force the survivor to sell his home), legal recognition of the relationship so that when a gay spouse dies, the survivor can fully inherit their home and that some distant relative can’t come in and take over the deceased estate, allowing gay Americans to sponsor their foreign spouses for a green card. These are only 3 of the critical rights that accompany marriage and recognition of same by the Federal government; eventually, the courts will also find the Defense of Marriage Act to be unconstitutional. Sorry to offend all of you, but the USA is a democratic republic, not a theocracy; Laws must treat everyone under the big tent with the same rights. I also believe in traditional marriage-the best setting for raising kids, but what difference does it make to any of you if the gay couple down the street can purchase a marriage license to legally establish their relationship? This is NOT Holy Matrimony – it’s just a marriage license.

Posted Friday, February 24, 2012 11:46 AM By Clinton
Aaron, it doesn’t matter what percentage of “Catholics” support homosexual unions. Just like it doesn’t matter how many support abortion and contraception. Wrong is wrong. Unfortunately, there is many who call themselves Catholic who don’t have enough faith to fight for what is true and just and holy and they capitulate to the liberal left.

Posted Friday, February 24, 2012 1:25 PM By k
Aaron, It is interesting that you separate marriage from Holy Matrimony. As Christians, when we pray we say “Thy will be done.” That includes us and our neighbors. We believe, sexually, we have two options: chastity within matrimony (meaning using sex as God wills) or chastity (meaning no sexual activity whatever). We can’t ignore when our neighbor has put themselves in danger physically or spiritually. Love demands that we try to help our neighbor.

Posted Saturday, February 25, 2012 3:01 AM By Aaron
@k. I respect your right to live by personal religious beliefs; I will fight to the death to defend your rights to believe whatever you wish. That said, you cannot force your religious beliefs on others: the USA has a secular government that guarantees equal rights for everyone; it is NOT a theocracy like Iran. In terms of moral imperatives, it seems to me that devout Catholics could much more productively spend their energy on far more important issues than prohibiting your gay neighbors from purchasing a marriage license.

Posted Saturday, February 25, 2012 9:37 PM By k
Aaron, please explain to me how I am forcing my religious belief on anyone. I guarantee you that the lawmakers in my state do not believe what I believe. Yet they made a constitutional amendment that marriage is between a man and a woman. Among people who are not affiliated with any church, 24% do not support gay marriage. So there are other reasons besides religion why some people oppose gay marriage. Your question was: what difference does it make to me if a gay couple down the street gets a marriage license? I am concerned for all gay couples. I think they are in harm’s way. I think they can do better and make choices that are healthier. I think this of unmarried heterosexual couples, also. I think this of married couples who are divorcing. I know it can be seen as controlling but it is not. Yes, people have the ability to do things that I do not do or do not think are good ideas. There are temptations that, if we follow them, we hurt ourselves and we hurt others and we hurt the country and the church and the world and the spiritual universe. People use the imagery of ripples in a pond when a stone is thrown to explain the unintended consequences of our deeds. It applies to all deeds- not just good ones.

Posted Saturday, February 25, 2012 11:03 PM By JLS
Not only what k says that marriage is holy, but it is also natural; and not only is marriage holy and natural, marriage is the first thing God told Adam and Eve to do … and get this … God combined it with children, both the bearing and raising of them. Homosexuals can call their travesty of nature, creation and God’s will whatever they choose to mimic, but it will be nothing more than the debasement of reality.

Posted Sunday, February 26, 2012 11:23 AM By Anne T.
Aaron, one can draw up legal agreements for almost all those things you mentioned if one is single. My husband and I had to pay a lawyer to draw up a will for us. I made out my own legal documents from a stationary store, my hospital and another organization to give the power of attorney for my healtcare to the person I chose. It does not even have to be a spouse that one chooses if one is married when he or she fills out the legal documents. All it cost me for the latter was the cost of the documents and the cost of the signatures of the Notary Public. One does not need marriage for most things, and some people should not get some benefits if they are not raising children, and two men and two women, in most cases, should not be raising children. They need both a mother and father. Most people do not want something they do not think they have earned. I have single family members, and although I might not like their lifestyles, I do not want any of their property or money, unless they actually owe it to me.

Posted Sunday, February 26, 2012 11:45 AM By Anne T.
Aaron, I was not tellling you to live in sin with a man. I was just telling you that I think your claims are unfounded.

Posted Monday, February 27, 2012 12:38 AM By MarkF
You two seem to be an impasse. Yet there is an overarching truth which is left unspoken. And that it that the real issue is the search for love and for self-acceptance. The advocates of same-sex marriage have confused being in love with having a wedding. The active homosexual lifestyle is a long and frustrating search for a partner. In short, gay people have found it easier to demand to change marriage then to actually find love. Others believe that legalizing same-sex marriage will lead to them finding love. We have to consider what this means. It means – as we see here – that the two sides will talk past each other, in part because one side is dealing with the raw human emotion of loneliness. The same situation prevails relating to self-respect. The push for same-sex marriage is an outward attempt to solve an inner problem. But of course this subject cannot come up. Instead we get distractions like questions about will and visitation rights, bullying and gay history. To the people with same-sex attraction I advise you to step back. Live your lives but realize that this lifestyle is not for everyone. It is a rebel act.. It is not and never will be mainstream. Find your self respect elsewhere. To straight people, have some patience. With people with same-sex attraction you’re dealing with some of God’s flawed creatures. This life is hard enough without hellfire from people who don’t know what it’s like. But stick to your guns. Don’t be afraid of the truly lost souls who will hate you. And don’t get stuck in these impasses with folks like Aaron. You won’t get to the heart of the matter down that road.

Posted Monday, February 27, 2012 12:47 AM By Aaron
@Anne T. Re. unfounded. I live in Spain. For certain, given a choice, I would live in the USA so I could be close to my children & grandchildren, BUT US Immigration would NOT allow me to sponsor my Spanish partner for a green card. This right is available ONLY to heterosexuals who are engaged or married to an opposite sex foreigner. This ruling is the consequence of the Defense of Marriage Act (1996). There is NOTHING I can do about it. I was unwilling to allow the US government to come between me and Tomas, a perfectly healthy, brilliant Software Architect, so I moved to Spain. The law is utterly ridiculous! Further, friends of ours in Laguna were together in a 100% monogamous relationship for almost 50 years; Ernie died. Fred had to sell the house to pay inheritance tax from Ernie’s estate. Tax free inheritance is open ONLY to heterosexual married couples; IRS treats gay couples as if they are complete strangers, even with 50 years of a domestic partnership. It is utterly ridiculous for Fred, an 80 year old man, to be forced to sell his home in order to pay inheritance tax from Ernie’s estate. It happens every day!

Posted Monday, February 27, 2012 3:28 PM By Anne T.
Mark F, it is good to hear from you. Thank you for the advice. I will take it and get off this subject now.

Posted Monday, February 27, 2012 4:20 PM By Dana
MarkF, a voice of reason calling in the wilderness! ha I always look forward to reading your contributions. Peace be with you and joy to your house. ;o)

Posted Monday, February 27, 2012 4:30 PM By JLS
Aaron, we should then pray for Spain.

Posted Tuesday, February 28, 2012 2:24 PM By Mark from PA
Being gay is not a lifestyle. Gay people have different lifestyles just like straight people do. If a person does not choose their sexual orientation how can it be considered a rebel act? Mark, you say “Find your self-respect elsewhere.” Where do you suggest we find it? I must admit that self-respect is hard when one is exposed to words of hate and disdain. Yes, we are flawed but so is everyone else. Only God is perfect. You are correct about the search for self-acceptance.

Posted Tuesday, February 28, 2012 10:23 PM By Abeca Christian
Gay is a lifestyle and a disordered one! Sodomy is a sin and men do have a choice. The church has help for that, remain chaste and follow those guidelines that lead to salvation! MarkF is living proof of his choice and that is he chose Christ! I ask again out there, who do you love more Jesus or your homosexuality!

Posted Wednesday, February 29, 2012 4:43 AM By Mark from PA
Abeca Christian, you seem to believe that people choose their sexual orientation so there isn’t much that I can say. I doubt that you ask your straight friends, “Who do you love more Jesus or your sexuality?” Some people, priests and nuns, feel called to celibacy. Do you follow your own words and live in celibate chastity in order to follow Christ?

Posted Wednesday, February 29, 2012 10:48 AM By Mark from PA
Mark F, what do you think can be done for gay teens that are bullied? What can we do to help kids that suffer physical and verbal abuse? Even harder, what can we do to help kids that are bullied and also have parents that dislike gay people and think that homosexuality is a sin? Some of these young people are made to feel that they are no good and don’t deserve to live on this earth. What has your experience been with people who have been in this situation?