The following is a press release from SaveCalifornia.com issued on December 7.
Randy Thomassen of Save California offered four reasons why the Supreme Court should agree to review the decisions overturning Proposition 8, approved by California voters in 2008:
1. Marriage licenses are not in the Constitution, so this case never should have gotten into federal court in the first place.
2. Article IV, Section 4 guarantees to California and every other state “a republican form of government” — meaning 1) no monarchy and 2) no lawless mob rule, but a government of written laws representing the will of the people, who are sovereign. The California Constitution represents the people’s will on marriage and the United States Supreme Court should affirm that.
3. The 10th Amendment says powers that don’t belong to the federal government, or what the Constitution doesn’t prohibit among the states, are state powers. Therefore, marriage is under the states’ jurisdiction.
4. The 14th Amendment is one of three post-Civil War amendments and was about race — giving black former slaves the same legal rights of white freemen — not about marriage. The Amendment applied to the states what was already a federal right enshrined in the 5th Amendment — that no one should be killed (deprived of life), imprisoned or enslaved (deprived of liberty), or deprived of their property without a court order (due process of law).
Further, the Equal Protection Clause in no way requires the recognition of same-sex “marriages” because homosexual couples are not the same as heterosexual couples. They cannot have a conjugal union that produces children, and one of the primary purposes of marriage is to bind together fathers and mothers for the benefit of the children they bring into the world.
To read entire release, click here.