Marriage Takes a Hit in California

The California Supreme Court overruled the voice of the people in California, overturning Proposition 22, the marriage initiative passed in 2000.

In a 4-3 decision, the Supreme Court of California today overturned Proposition 22. In striking down Proposition 22, the initiative passed in 2000 - by 61.4% of voters - to define marriage in California as only between a man and a woman, the Court declared a right to "same-sex marriage" under the California Constitution.

The majority decision was authored by Chief Justice Ronald George, who stated, "history alone is not invariably an appropriate guide for determining the meaning and scope of this fundamental constitutional guarantee."

"This shocking decision is a wake-up call for the majority of California's citizens, whose votes have been rendered worthless by the Supreme Court's disregard for the democratic system," said Ron Prentice, the executive director of California Family Council.

"In November, the people will have an opportunity to overrule the Court's decision by passing a constitutional amendment - and California's voters must respond in strength and number," concluded Prentice.

In a dissenting opinion, Justice Baxter wrote, the majority's decision "relies heavily on the Legislature's adoption of progressive civil rights protections for gays and lesbians to find a constitutional right to same-sex marriage.

In effect, the majority gives the Legislature indirectly power that body does not directly possess to amend the Constitution and repeal an initiative statute." CFC's Prentice added, "Since time began, marriage between a man and a woman has served children, families, and societies best. Today, the California Supreme Court dishonored marriage's tradition and historic purposes, as well as the will of the people."

The court's decision will go into effect in 30 days, unless the parties involved seek a "stay." It is likely that attorneys representing the ProtectMarriage.com coalition will request a stay until the people of California have opportunity to vote on a constitutional marriage amendment in the November general election.

ProtectMarriage.com, a coalition of grassroots organizations, churches and voters, has been formed in order to place a constitutional amendment on the November 2008 ballot. The Supreme Court's ruling coincides with the submission of 1.1 million signatures to California's 58 counties.

Known as the California Marriage Protection Act, the initiative's signatures are now undergoing a review for validation. Based on the number of raw signatures submitted and the current validation percentages reported, it appears the initiative will qualify for the ballot.