Schwarzenegger, blocking the issuance of same-sex marriage licenses that were scheduled to begin being issued Wednesday at 5 p.m.  The district court’s ruling last week denying a permanent stay of his earlier ruling declaring Prop 8 unconstitutional was overturned by the Ninth Circuit Court of Appeals.  The stay from the Ninth Circuit was both an answer to prayer and a necessity in order to assure that legally uncertain marriage licenses were not issued pending an appeal.   

            Both the County of Imperial and the “Yes on 8” Campaign filed appeals of Judge Walker’s decision to overturn Proposition 8 and the County additionally appealed Judge Walker’s decision to deny the County of Imperial status as an intervening defendant.  As attorneys for both sides have publicly stated that this case should ultimately be decided by the United States Supreme Court, a stay is appropriate to preserve the status quo until a final decision is made through the appeals process. 

            “The Ninth Circuit recognized the significance and importance of this case by agreeing to stay the district court’s decision until a final ruling is obtained through the appeals process.” said Jennifer Monk, Associate General Counsel of Advocates for Faith and Freedom.  “The Ninth Circuit’s action is consistent with prior precedent and is ultimately in the best interest of the parties, the State of California, and the Nation.”

            The Ninth Circuit also put the case on an expedited schedule, stating that briefing will begin in September and oral arguments will be heard the week of December 6, 2010.

            Please consider giving generously to help Advocates continue to fight this important battle.  We believe that with your prayers and financial support we can and will be victorious.  The expedited schedule set today by the Ninth Circuit will significant amounts of hard work and financial resources over the next three months.  We covet your continued prayers and ask that you consider a financial gift to assist with the cost of the battle ahead. 

  
            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.

Proposition 8 states the following: “Only marriage between one man and one woman is valid or recognized in California.”  The people of California passed this initiative to preserve the institution of marriage.   

While declaring Proposition 8 unconstitutional, Judge Walker stated, “The evidence shows conclusively that moral and religious views form the only basis for a belief that same-sex couples are different from opposite sex couples.  The evidence fatally undermines any purported state interest in treating couples differently; thus, these interests do not provide a rational basis supporting Proposition 8.”  He also said, “Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians.  The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples.”   

This case will likely establish the law for the entire Nation once it is heard by the United States Supreme Court.  Advocates for Faith and Freedom filed a motion to intervene in the federal lawsuit on behalf of the County of Imperial where close to seventy percent of the voters cast their ballots in favor of Proposition 8.  Judge Vaughn Walker denied the County’s intervention, which is necessary in order to assure the case can be appealed.  It has previously been argued by the Plaintiffs’ lawyers that the official proponents of Proposition 8 and the “Yes on 8 Campaign” lack standing to appeal the decision to the Ninth Circuit Federal Court of Appeals.  Therefore, in cooperation with the official proponents of Proposition 8, Advocates for Faith and Freedom intends to appeal the denial of intervention in order to ensure that the defense of Proposition 8 is able to continue. 

Judge Walker issued a temporary stay preventing his decision from being enforced while he considers a motion that was filed by the “Yes on 8 Campaign” and joined by the County of Imperial, wherein the Court is being asking for a permanent stay of his decision until the case is finally decided in the Ninth Circuit, and ultimately, the United States Supreme Court.   Advocates for Faith and Freedom intends to file a notice of appeal regarding the constitutionality of Proposition 8 in the Ninth Circuit Federal Court of Appeals in short order.   

“By the people, for the people and of the people,” said County Supervisor Wally Leimgruber.  “Democratic principles are at stake and it is important for governmental representatives to defend the interests of the people who elected them.”  

We will fight hard on behalf of California voters to ensure that their votes on this initiative, and future initiatives, are respected by the judiciary.  California voters have the right to vote pursuant to their religious and moral beliefs.  Judge Walker’s determination that Proposition 8 lacked a rational basis is contrary to both well-established precedent and democratic principles. 

Please consider making a generous contribution to Advocates for Faith and Freedom as we continue to fight for marriage, for democratic principles and for religious liberty.  We are representing the County of Imperial without charge and would greatly appreciate your financial support in these difficult financial times.  This case has been very costly and will continue to be very expensive as we proceed to the Ninth Circuit Federal Court of Appeals.  

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.

 

  

            The media is abuzz with news that Governor Schwarzenegger has nominated Tani Gorre Cantil-Sakauye, currently with California’s 3rd District Court of Appeal, as the next chief justice of California’s Supreme Court. Cantil-Sakauye, a Republican, would replace current Chief Justice Ronald George, also a Republican, who has been a moderate vote on the California Supreme Court throughout his nearly 20-year tenure. Her arrival on the Court would give the California Supreme Court its first ever female majority.  Cantil-Sakauye still has to be confirmed by a state commission, which is chaired by Chief Justice George. That confirmation is expected, and, assuming she is confirmed, she would then appear on the November ballot for approval from voters. She would be the first Filipina and second woman to hold the post.

            Not much is known about Cantil-Sakauye except that she was appointed to the Sacramento County Superior Court by Republican Governor Pete Wilson and the 3rd District Court of Appeal by Republican Governor Arnold Schwarzenegger. Even so, biographies about the Justice, as well as her record as a justice with the 3rd District, indicate that she is not so much a conservative as she is a moderate. Because Cantil-Sakauye, a reported moderate, will replace Chief Justice George, a known moderate, it is unlikely that the Court will experience any makeover other than in its demographics. 

            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.

                Under the proposed plan, by the time public school children are five years old, their public school teacher will have introduced into their vocabularies the names and functions of male and female anatomical parts involved in sexual acts. By the time they are six or seven, their teacher will have taught them about same-sex and bisexual relationships, and by the time they are ten, their teacher will have continued to educate them about the above, but in greater—and more offensive—detail.  

While parents who are aware of the full implications of the proposed curriculum additions have the opportunity to opt out, teachers have no such freedom. They must teach the students sexual education, whether it is contrary to their convictions or not. This means that teachers whose consciences may directly conflict with the idea of educating such young children about different methods of sexual activities—and how to engage in them “safely”—will be required to teach their young students about sexual topics including homosexual and bisexual conduct.

 

This is especially unnerving when one considers the increasing nationalization of education standards. Just last week, South Carolina became the 25th State to adopt the “Common Core State Standards,” which are a set of uniform educational standards to be adopted and implemented nationwide over the coming year.

 

While lawmakers arguably have the greatest impact on education, we cannot underestimate the importance of the courts. After all, while in the beginning only some school boards began writing evolution into public school curricula, it was the infamous Scopes trial, or “Monkey Trial,” at the United States Supreme Court, that brought the issue to the forefront and ultimately led to the compulsory teaching of evolution in school districts across the Nation.

 

Advocates for Faith and Freedom exists to protect religious liberty in the courts. In fact, Advocates has engaged in a number of lawsuits across the country, fighting for the free exercise of religion and freedom of conscience in education. Presently, we are waiting to hear if the Supreme Court will hear our case against the University of California, whose arbitrary course rejections essentially result in unequal treatment of Christian high school graduates in comparison to their secular school counterparts. Please continue to partner with us in prayer and financial support as we defend religious educational liberties in the courts!  

 

            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.