A legal group defending California's Proposition 8 is asking the state's high court to uphold the voter-approved marriage law that remains in force.
In the aftermath of last month’s Supreme Court rulings in two marriage cases, the California Supreme Court has refused to stop issuance of marriages licenses to homosexual couples while it considers a request from proponents of Prop. 8 to consider the jurisdiction of a homosexual judge's injunction.
Prop. 8 proponents asked the court to issue a stay as judges decide if that 2010 decision against the marriage amendment applied statewide. The amendment to the California constitution was approved by voters in November 2008.
Attorneys for Prop. 8 say California officials are violating the law by allowing homosexual men and women to marry. Alliance Defending Freedom senior counsel Austin R. Nimocks explains that public officials in the Golden State should enforce the marriage amendment because they are not bound by the district court's injunction.
“The U.S. Supreme Court did not rule on the constitutionality of Proposition 8, and the district court's injunction does not apply statewide; therefore, county clerks in California should abide by the state constitution and Proposition 8,” he says.
“The more than seven million Californians who approved Proposition 8 [in 2008] have a right to see the rule of law – and the constitutional initiatives that they enact – respected."
Attorneys for ProtectMarriage.com point out that the 2010 injunction against Prop. 8 by Judge Vaughn Walker only applied to two of California’s 58 counties. California Attorney General Kamala Harris, however, has stated she will take legal action against any county clerk who refuses to issue marriage licenses to same-sex couples.
The court is expected to decide on the issue in August, at the earliest.