In San Francisco, today the California Supreme Court decided to hear all six cases involving same-sex marriage. On October 5, 2006, in a 2-1 decision, the California Court of Appeals rejected same-sex marriage in the closely watched case challenging the state's marriage laws. The court stated, "In the final analysis, the court is not in the business of defining marriage." Liberty Counsel represents Campaign for California Families and presented argument before the Court of Appeals.
The Court of Appeals opinion stated: "The [same-sex couples] in these appeals are asking this court to recognize a new right. Courts simply do not have the authority to create new rights, especially when doing so involves changing the definition of so fundamental an institution as marriage.... The court's role is not to define social policy." The opinion also stated: "The trial court's decision ... essentially redefined marriage to encompass unions that have never before been considered as such in this state. [I]t is beyond the judiciary's realm of authority to redefine a statute or to confer a new right where none previously existed."
The oral argument before the California Supreme Court has not yet been set.
From the moment we filed suit to stop San Francisco Mayor Gavin Newsom from issuing same-sex marriage licenses, we have been preparing this case for the California Supreme Court. History, common sense and legal precedent are on our side. Marriage as the union of one man and one woman transcends political ideology and is grounded in millennia of human history.