Skip to content
Catholic Online Logo

By Catholic Online (NEWS CONSORTIUM)

9/7/2011 (2 years ago)

Catholic Online (www.catholic.org)

Supreme Court to hear arguments concerning federal ruling

The state of California's Proposition 8, called by its supporters as the California Marriage Protection Act was a ballot proposition and constitutional amendment passed in the November 2008 state elections. Declaring that "only marriage between a man and a woman is valid or recognized in California," Proposition 8 has faced numerous legal challenges by same-sex marriage supporters.  The proposition's next legal test will be on Tuesday, when the state's highest court attempts to shed light on whether the voter-approved measure's backers have legal authority to appeal the federal ruling that overturned Proposition 8.

Attorneys for the coalition of religious, conservative groups that qualified Proposition 8 for the November 2008 ballot say they are legally eligible to represent the majority of California voters who approved the same-sex marriage ban.

Attorneys for the coalition of religious, conservative groups that qualified Proposition 8 for the November 2008 ballot say they are legally eligible to represent the majority of California voters who approved the same-sex marriage ban.

Highlights

By Catholic Online (NEWS CONSORTIUM)

Catholic Online (www.catholic.org)

9/7/2011 (2 years ago)

Published in Marriage & Family

Keywords: California, Same sex marriage, Proposition 8


LOS ANGELES, CA (Catholic Online) - "This is a pivotal hearing for us as we continue to fight to uphold the People's vote to restore traditional marriage in California against these ferocious attacks," Andy Pugno, legal counsel for the Proposition 8 coalition said in a letter to supporters last week. "We simply cannot allow our opponents to manipulate the legal system to the point where there is nobody left to defend the People!"

The California Supreme Court is scheduled to hear arguments and could prove crucial to the future of the voter-approved ban. The federal appeals court that is considering the initiative's constitutionality wants the state court to consider the measure on the matter before it renders its decision.

Proposition 8 reinstated a ban on same-sex marriages in California by amending the state Constitution to supersede a California Supreme Court ruling that had legalized gay unions five months earlier. It's estimated that 18,000 couples tied the knot during the brief window.

Attorneys for the coalition of religious, conservative groups that qualified Proposition 8 for the November 2008 ballot say they are legally eligible to represent the majority of California voters who approved the same-sex marriage ban. They say that because California has such a vigorous citizen's initiative process, it would not make sense for elected officials to effectively veto measures by not defending them in court.

If the Supreme Court says the ban's proponents don't have standing to appeal, and if the 9th Circuit and the U.S. Supreme Court ultimately agree, it would clear the way for same-sex marriages to resume in California. Such an outcome would also limit the potential impact of the closely watched catch because it would prevent higher courts from reaching its constitutional merits.

"What the court has before it are questions about how the state's direct democracy rules should be understood to sync with its constitutionally-based ideas of representative government," Ohio State University Moritz College of Law Marc Spindelman says.

"Who speaks for the people and the state - and when? Can unelected officials determine how state law will be defended? Should they be allowed to defend the law when state officials elected by the people to represent them will not? Are state officials who refuse to defend a legal measure on appeal practically exercising a veto right that the rules of direct democracy in California do not allow?"

Same-sex couples in San Francisco say they are planning a "sit in" on the steps of the city's State Building during Tuesday's hearing.

---


Pope Francis: end world hunger through 'Prayer and Action'


2014 - Distributed by THE NEWS CONSORTIUM

Pope Francis Prayer Intentions for August 2014
Refugees:
That refugees, forced by violence to abandon their homes, may find a generous welcome and the protection of their rights.
Oceania: That Christians in Oceania may joyfully announce the faith to all the people of that region.



Comments


More Marriage & Family

Remember the Alamo - Texas' abortion law now challenged in court Watch

Image of Abortion rights activists protest on August 4, 2014, outside a U.S. federal court in Austin, Texas, where a hearing started for a case by the Center for Reproductive Rights against a new set of restrictions on abortion clinics in the state that go into effect in September

By Lisa Anderson, Thomson Reuters Foundation

Abortion rights groups challenged Texas' sweeping anti-abortion law in federal court on Monday, as a federal judge in Alabama ruled that the state's similar restrictions on abortion were unconstitutional. NEW YORK (Thomson Reuters Foundation) - In its second challenge ... continue reading


Indian toddler with severe water on the brain survives surgery Watch

Image of Surgeons carried out a series of operations to reduce the size of Roona's head. Sent home after surgery, her parents were warned she had little chance of survival.

By Catholic Online (NEWS CONSORTIUM)

With a freakish head 37 inches in circumference, a three-year-old Indian girl has underwent surgery to reduce her deformity. Arduous hours of surgery later, she's smiling for the first time with a more normal-sized head. LOS ANGELES, CA (Catholic Online) - ... continue reading


European Court of Human Rights: Europe CAN NOT be forced to recognize same-sex 'marriages'

Image of Marriage IS between a Man and a Woman ONLY.

By Adelaide Mena

Is the disordered homosexual lifestyle destroying our great American culture? Strasbourg, France, (CNA/EWTN News) - The European Court of Human Rights ruled that the refusal to recognize same-sex "marriages" does not violate the European Convention on Human ... continue reading


Are You a Ready or an Unready Catholic?

Image of

By Andrew M. Greenwell, Esq.

There are many Catholics who are "unready" Catholics, that is, operating under ill advice or bad counsel.  They have adopted the counsel of sophists, satanists, or doubt-sowers, and have departed as a result from the teachings of the Church.  Their ... continue reading


Andrew M. Greenwell on Same-Sex 'Marriage': Framing the Issue Right Watch

Image of

By Andrew M. Greenwell, Esq.

The first step for a Catholic to recognize his obligation to oppose same-sex "marriage," if he does not see it or comprehend it, is to rid himself of the flawed moral heuristic (a moral rule of thumb or short cut) some ideologue has chosen and which may be blinding him ... continue reading


Pacing a New Online Relationship

Image of Pacing an online relationship is different for each couple.

By Catholic Match

Every couple that meets on CatholicMatch moves at their own pace. For some, it's important to move from online connection to a face-to-face date as soon as realistically possible. For others, it's important to let things grow gradually. Matt and Katie fell into the ... continue reading


The example of the Holy Family: Do you follow it?

Image of The Holy Family is the ultimate example for us to follow in our daily lives. We need a daily reminder of this.

By Catholic Online (NEWS CONSORTIUM)

There is no community as sacred as the family. When we reflect on the Holy Family, Jesus, Mary and St. Joseph, we see modeled for us how to be as a member of our own family. Whether we're a father, a mother, or a child, the Holy Family shows us how to be. It is ... continue reading


Michael Proposed With A Video

Image of Michael and Laura.

By Catholic Match

Laura was tired of the dating scene or at the very least the relationship scene. By the time the 24-year-old from Maryland got to CatholicMatch, all she wanted was to go on some dates with nice guys, but to keep it casual, just have dinner, and maybe hear that she was ... continue reading


Children: The Crowning Glory of Marriage Watch

Image of

By Deacon F. K. Bartels

The American cultural lens of late has warped the way in which children are viewed to the point that they are seen not as gifts but as burdens. Many people no longer recognize children for who they are: precious jewels of indescribable beauty and worth whose growth, ... continue reading


How One Couple Met, Fell in Love, and Met the Pope

Image of Deanna and Michael with Pope Francis.

By Catholic Match

Deanna, 24, and Michael, 28, had never dated before they meet each other on CatholicMatch. Michael had been discerning the priesthood for four years, and it seems God had placed a bubble around lovely Deann a saving her just for Michael. They were married on October 5, ... continue reading


All Marriage & Family News

Newsletters

Newsletter Sign Up icon

Stay up to date with the latest news, information, and special offers

Daily Readings

Reading 1, Jeremiah 1:17-19
17 'As for you, prepare yourself for action. Stand up ... Read More

Psalm, Psalms 71:1-2, 3-4, 5-6, 15, 17
1 In you, Yahweh, I take refuge, I shall never be put ... Read More

Gospel, Mark 6:17-29
17 Now it was this same Herod who had sent to have ... Read More

Saint of the Day

Saint of the Day for August 29th, 2014 Image

St. Sabina
August 29: St. Sabina's feast day is August 29th. We know St. Sabina only ... Read More

Inform, Inspire & Ignite Logo

Find Catholic Online on Facebook and get updates right in your live feed.

Become a fan of Catholic Online on Facebook


Follow Catholic Online on Twitter and get News and Product updates.

Follow us on Twitter