Alliance Defense Fund Asks California to Hold Order

"The people of California have a constitutional right to vote on marriage, and we trust the high court will respect the democratic process."

SAN FRANCISCO -- Alliance Defense Fund attorneys filed a petition with the California Supreme Court Thursday asking the court to delay the effective date of its May 15 decision on marriage until after California voters have been heard on a constitutional amendment in November.

ADF attorneys argue that doing so will prevent obvious legal problems from occurring if the court's decision becomes effective prior to possible approval of the amendment.

"The people of California have a constitutional right to vote on marriage, and we trust the high court will respect the democratic process. The possibility of significant and unnecessary legal and social problems can be avoided by waiting to see what the California people desire when it comes to the meaning of marriage," said ADF Senior Counsel Glen Lavy, who argued before the court March 4.

The high court ruled 4-3 on May 15 that Proposition 22, the California Defense of Marriage Act, which defines marriage as the union of one man and one woman, is unconstitutional (www.telladf.org/news/story.aspx?cid=4516).

Alliance Defense Fund attorneys who defended Proposition 22 note that the outcome illustrates precisely why a state law alone is not sufficient to protect marriage.

"Amending the state constitution is ultimately the only avenue to ensure that no one interferes with the will of the California people on the meaning of marriage," Lavy said. "We hope that the court will allow the California people to have their say on the amendment without enduring the potential problems associated with implementing the court's decision before then."

A copy of the petition filed by ADF attorneys Thursday in the California marriage cases, which includes Proposition 22 Legal Defense and Education Fund v. City and County of San Francisco, is available at www.telladf.org/UserDocs/Prop22petition.pdf.

The text of the proposed constitutional amendment is available at www.protectmarriage.com/read.php.

ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith.

Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.

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See also this week’s America book reviews including those for “A Time to Remember” on the book Let’s Face It: Years of Living, Loving and Learning, by Kirk Douglas, “Communal Ecstasy!” on the book Dancing in the Streets:A History of Collective Joy, by Barbara Ehrenreich “Living to Tell …” on the book Infidel, by Infidel Ayaan Hirsi Ali.

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Republished with permission by Catholic Online from the May 28, 2007, issue of America, the Catholic weekly magazine (www.americamagazine.org). Copyright © 2007 by America Press, Inc. All Rights Reserved. For subscription information, visit www.americamagazine.org or call 800-627-9533.

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