Today Liberty Counsel filed a motion to intervene to defend against a lawsuit brought by same-sex marriage advocates intended to prevent California voters from voting on the California Marriage Protection Act (“Amendment”) in November. Liberty Counsel represents the Campaign for California Families, Randy Thomasson, and Larry Bowler. The lawsuit was filed on behalf of three voters and the National Center for Lesbian Rights, Lambda Legal, the ACLU and Equality California against California Secretary of State, Debra Bowen, who certified the Amendment.
On June 2, 2008, the Amendment was certified by the Secretary of State for the November ballot. The Amendment states: "Only marriage between a man and a woman is valid or recognized in California." If passed, the Amendment would nullify the 4-3 ruling of the California Supreme Court issued on May 15.
The same-sex marriage advocates are seeking to have the Amendment removed from the November ballot. They erroneously argue that "the rules for revising the California Constitution were not properly followed." Their brief claims that an initiative is not enough to put the amendment on the ballot, since it must also be approved by two-thirds of the legislature. The suit also alleges that petitions for the initiative, which were circulated prior to the ruling legalizing same-sex marriage, were misleading because they stated the amendment would not change existing law and would not have a financial impact on the state. Liberty Counsel's motion to intervene disproves these claims.
Most Californians want the Amendment. A poll conducted on May 30, 2008, by ccAdvertising shows that 56% of California residents support marriage as one man and one woman. Another poll by the Los Angeles Times similarly revealed that 54% of those polled supported the Amendment and only 35% opposed it.
If the people have an opportunity to participate in the democratic process, they will vote for marriage as one man and one woman. The advocates of same-sex marriage want to trample the will of the people and force same-sex marriage with an iron hand, akin to what a dictator would do over his subjects. Those who push for same-sex marriage are willing to destroy both marriage and democracy to achieve a selfish result. Marriage between a man and a woman is best for our children and for our country.