Family Research Council Praises Court Decision Allowing Vigorous Defense of California Marriage Amendment

Press Release : Nov 25, 2011
Family Research Council

"…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."

(Washington, DC)—Family Research Council (FRC) today 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 the 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 of California to govern themselves," concluded Perkins.