California Supreme Court Upholds Proposition 8

The California Supreme Court rendered a decision May 26, 2009, upholding Proposition 8.  In a 6-1 decision, the Court held that the state constitutional amendment effected by passage of Proposition 8 was valid.  Despite the Court’s decision to uphold Proposition 8, it refused to acknowledge the breadth and scope of its language by stating that the same-sex unions that occurred prior to its passage are valid.  Proposition 8, a grassroots effort to respond to the Court’s overturning of Proposition 22, is a voter  initiative passed last fall by a majority of California voters, who wished to define – for the second time – marriage in California as only between a man and a woman.

Advocates for Faith & Freedom filed an amicus brief ("friend of the court brief") with the California Supreme Court on January 15, 2009, to defend Prop 8 and to preserve the will of the people.  The brief was filed on behalf of the California Family Council, the California Republican Attorney's Association, as well as numerous members of the California Senate and Assembly. 

In response to the ruling Robert Tyler, General Counsel for Advocates, offered, “The Court’s decision is a victory for the people of California and their desire to protect the traditional definition of marriage.”

Jennifer Monk, Associate General Counsel for Advocates, stated, “Whether supportive of or in opposition to Proposition 8, the people of California should be pleased that the generally activist California Supreme Court has today shown respect for the democratic process and has upheld the will of the voters.”

In the majority opinion, Chief Justice George stated, "Regardless of our views as individuals on this question of policy, we recognize as judges and as a court our responsibility to confine our consideration to a determination of the constitutional validity and legal effect of the measure in question . . . . [O]ur role is limited to interpreting and applying the principles and rules embodied in the California Constitution, setting aside our own personal beliefs and values."  In describing the issue before the Court, the Chief Justice stated, "[T]he principal issue before us concerns the scope of the right of the people, under the provisions of the California Constitution, to change or alter the state Constitution itself through the initiative process so as to incorporate such a limitation as an explicit section of the state Constitution . . . . [W]e conclude Proposition 8 constitutes a constitutional amendment rather than a constitutional revision."

The Court’s decision decisively answered what the proper role of the judiciary was in light of the clearly expressed will of the people.  Following the Court’s decision, Prop 8 was challenged again through the filing of a federal lawsuit stating that the amendment to the California Constitution violates the United States Constitution. 

This information is provided by Advocates for Faith and Freedom, a non-profit religious law firm dedicated to protecting religious liberty in the courts!  To help us in our ongoing battle for religious freedom, click here to donate to Advocates.