It is widely being mis-reported that the Court ruled against Prop 8. IT DID NOT!
Rather, the Court said it could not reach a decision because California government officials refused to defend the law. So it did not rule on Prop 8's validity.
In doing so, the Court also nullified the Ninth Circuit's ruling against Prop 8, which is a great victory in itself!
So, the voter-passed Constitutional Amendment to protect man-woman marriage remains the law of the land in California, because only an appellate court can strike down a voter proposition statewide.
But it remains to be seen what California officials will do now.
Right now we are heading down the steps of the Supreme Court building to a long bank of TV cameras and reporters, to deliver this statement:
“We are pleased that the Supreme Court has reversed the Ninth Circuit Court of Appeals’ misguided decision that sought to invalidate Proposition 8. For the more than seven million Californians who have seen their vote stripped away from them, little by little, over the course of five years, that decision is gratifying.
“While it is unfortunate that the Court’s ruling does not directly resolve questions about the scope of the trial court’s order against Prop 8, we will continue to defend Prop 8 and seek its enforcement until such time as there is a binding statewide order that renders Prop 8 unenforceable.
“We are also especially grateful and humbled by the consistent prayers and support of traditional marriage supporters everywhere throughout this long and difficult case.”
Please stay tuned for a detailed analysis of the Court's decision from our official Prop 8 Legal Defense Team. See also coverage by our dedicated co-counsel in the case, Alliance Defending Freedom.
But for now, let's be thankful that the Court refused to strike down Prop 8!
Very truly yours, Andy Pugno, Prop 8 General Counsel
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REACTION FROM CATHOLICVOTE.ORG
What a morning. Time to exhale.
What you are reading in the news is not the whole story.
Moments ago the Supreme Court handed down two very narrow decisions. Both of them were wrong. But the marriage fight is far from over.
Let me explain.
In essence, the Court invalidated a portion of the Defense of Marriage Act (DOMA) and rejected the right of the people to defend a law passed by millions of citizens in California. The Court ducked the question of whether Proposition 8 in California is constitutional – and most importantly, did NOT create a constitutional right to same-sex marriage.
States that have protected marriage and those that seek to do so in the future cannot be stopped.
The Court did disenfranchise millions of voters with its decision on Proposition 8. Five Supreme Court justices effectively dismissed the votes of millions of citizens who twice voted to protect marriage. Nevertheless, the record in California is now plain: the people voted to protect marriage, but reckless politicians refused to respect the right of the people and enforce the law.
What is left is a single decision by a district court judge that applies to two couples. The legal fight to clarify what happens next will be critical and will be heavily contested by defenders of marriage in the courts. Same-sex marriage advocates touting immediate statewide gay marriage in California are misleading the public.
But wait. There’s more.
Today’s decision striking down portions of the federal Defense of Marriage Act (DOMA) was limited to only those same-sex "marriages" already recognized in the states that allow same-sex marriage.
Also, remember that other parts of DOMA protect states from being forced to recognize same-sex marriage in other states. That portion of the law was not challenged and remains in force – and in some ways was strengthened by today’s decision.
Thus, while today’s decisions were very disappointing, they do not represent a watershed moment for marriage as many are suggesting. Same-sex marriage advocates did not get what they wanted, namely a “Roe v. Wade” for same-sex marriage.
We have a clear path forward to protect marriage and respond to these rulings, in Congress and in the states, and in the hearts and minds of our fellow citizens. The future of marriage remains a dispute open to ‘We the People.’
The debate on marriage lives on and is up to us.
And you can count on CV to keep up the fight.
Catholic Vote
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MORE FROM THE PROP 8 LEGAL TEAM (6/27/13)
If you're like most people, you're probably totally confused by the conflicting news reports about today's Supreme Court rulings.
I believe that has happened because our opposition was ready to declare total victory no matter what happened. Despite getting almost none of what they sued for, they nevertheless claimed a sweeping victory... and the media has largely repeated their version of the outcome without question.
Here are some key facts about today's two rulings in the Prop 8 and Defense of Marriage Act (DOMA) cases:
1. By a 5-4 decision, the Court struck down a narrow portion of DOMA that deals only with federal recognition of marriages in those states that have adopted gender-neutral marriage. The majority opinion specifically said it was NOT requiring states to adopt same-sex "marriage."
2. Also by a narrow, 5-4 decision, the Court chose to AVOID ruling on Proposition 8's validity. You can read the Court's opinion (deciding NOT to decide) here. They held that, since California's government officials refused to defend Prop 8, there was no "case" for the Court to decide. The minority opinion (by four judges) dissented, agreeing with our California Supreme Court that we--as the official proponents--should be allowed to give Prop 8 a defense.
3. The Supreme Court did NOT accept our opponent's pleas to change the definition of marriage, nor did it declare a constitutional right to same-sex "marriage."
4. The Supreme Court "vacated" (erased) the Ninth Circuit Court of Appeal's previous ruling against Prop 8, which means that terrible decision provides NO legal precedent for same-sex "marriage."
5. California's Constitution says that only an appellate court, not a single trial court judge, can stop a proposition's enforcement statewide. As of today, there is no such ruling. Nevertheless, the Governor and Attorney General today rushed forward with plans to make same-sex "marriage" licenses available throughout California in the next three or four weeks.
And that is where it sits this evening. Our Legal Team is closely examining today's court rulings, and assessing what, if any, options are available to us to keep Proposition 8 in force. This is a time for careful consideration and discernment, and we thank you in advance for your patience and continued support.
Very truly yours, Andy Pugno
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