Wednesday, December 06, 2006

The Supreme Court Should Refuse to Hear Homosexual Marriage Appeal

San Francisco, CA - Liberty Counsel filed a brief this week at the California Supreme Court in opposition to same-sex marriage advocates who failed in their attempt to overturn California's definition of marriage at the state Court of Appeal. The same-sex marriage advocates have now asked the California Supreme Court to take up the case. Liberty Counsel represents Campaign for California Families in a case that is one of six cases that were coordinated into a single proceeding at the trial court and then consolidated for appeal. Liberty Counsel's brief argues that the Supreme Court should refuse to hear the case and allow the Court of Appeal's opinion to stand. The brief states, "Disappointed by the Court's rejection of their efforts to redefine marriage, the Plaintiffs are now asking this Court to assume the role of social engineer and to override the expressed will of the people of California that marriage is to continue to be defined as the union of one man and one woman." Liberty Counsel points out that the Court of Appeal thoughtfully, thoroughly and correctly applied longstanding legal precedents when it held that marriage in California is defined as the union of one man and one woman (as opposed to the union of two persons) and that "same-sex marriage" is not a fundamental right.The appellate court's opinion agrees with the high courts of New York and Washington, among others, which earlier this year rejected similar challenges to the marriage statutes in those states.The California Court of Appeal correctly concluded that courts are not free to redefine the common understanding of marriage. The state has a strong interest in protecting marriage. Children do best when they are raised with a mom and a dad. Gender does matter to the well-being of children. If we experiment with marriage and define it anyway we choose, then we set the stage for the destabilization of the family and our own social security.http://http://www.lc.org/