ADF: Homosexual marriage not legal in California despite Supreme Court ruling

Tuesday, July 16, 2013
Becky Yeh - California correspondent (

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.

Nimocks, Austin (ADF)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 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.

We moderate all reader comments, usually within 24 hours of posting (longer on weekends). Please limit your comment to 300 words or less and ensure it addresses the article. Comments that contain a link (URL), an inordinate number of words in ALL CAPS, rude remarks directed at other readers, or profanity/vulgarity will not be approved.
Court rejects Mayor Bloomberg's soda ban, but those pockets are deep

An appeals court ruling that struck down New York City's big-soda ban is a victory for food freedom and New Yorkers, says a critic of the ban. But don't count out Mayor Bloomberg just yet, she adds.