Appeal denied

 News release from Alliance Defense Fund 

SAN FRANCISCO — Defenders of marriage in California will ask the U.S. Supreme Court to review a decision by the U.S. Court of Appeals for the 9th Circuit against the state’s marriage amendment. Tuesday, the full 9th Circuit declined to review a 2-1 decision by a three-judge panel that struck down the constitutional amendment, which 7 million California voters approved through Proposition 8 in 2008 to protect marriage as the union of one man and one woman.

Alliance Defense Fund attorneys are part of the legal defense team for ProtectMarriage.com, the banner organization for the official proponents and campaign committee of Proposition 8. The ProtectMarriage.com legal team appealed to the full 9th Circuit in February.

“Marriage is a universal good that has been honored by diverse cultures and faiths for the entire history of Western Civilization,” said ADF Senior Counsel Brian Raum. “The Protectmarriage.com legal team looks forward to standing before the U.S. Supreme Court on behalf of the people’s right to preserve the fundamental building block of civilization, especially since the dissents accompanying today’s decision strongly support our arguments. The democratic process and the most important human institution — marriage — shouldn’t be overthrown based on the demands of Hollywood activists.”

On Feb. 7, two judges on a three-judge 9th Circuit panel in Perry v. Brown agreed with a federal district judge’s decision that California’s marriage amendment — Article I, Section 7.5 of the state constitution — is unconstitutional under the U.S. Constitution.

“The Supreme Court has made it perfectly clear that marriage is constitutional as a matter of state public policy,” explained lead counsel Charles J. Cooper with the Cooper & Kirk law firm. “We’re pleased to petition the Court to hear this case. The lower court opinions were little more than an attack on the character and judgment of millions of Californians, and those decisions essentially ignored all relevant Supreme Court and appellate court precedent. We are hopeful and confident that the Supreme Court will review the 9th Circuit’s decision.”

A strong dissent accompanied the full 9th Circuit’s decision not to review the case. It states, “Based on a two-judge majority’s gross misapplication of Romer v. Evans…, we have now declared that animus must have been the only conceivable motivation for a sovereign State to have remained committed to a definition of marriage that has existed for millennia…. Even worse, we have overruled the will of seven million California Proposition 8 voters based on a reading of Romer that would be unrecognizable to the Justices who joined it, to those who dissented from it, and to the judges from sister circuits who have since interpreted it. We should not have so roundly trumped California’s democratic process without at least discussing this unparalleled decision as an en banc court.”

The 9th Circuit’s decision is on hold until the U.S. Supreme Court has a chance to weigh in on whether to review the case.

 

READER COMMENTS

Posted Wednesday, June 06, 2012 12:32 AM By charlio
I wonder if we can get.civil divorces once our matrimonial sacrament is legally equated with a crime that cries out for blood.


Posted Wednesday, June 06, 2012 3:21 AM By Thomas Edward Miles
Wonderful news, it is my sincere hope that the High Court will say we will not hear the case!!!


Posted Wednesday, June 06, 2012 6:38 AM By Bud
As a child, I used to read about the Soviet court’s decisions which of course always always sang the “party line” or whoever else who put the pimps into power! Guess what, what else is still going on!


Posted Wednesday, June 06, 2012 6:56 AM By max
“…marriage as the union of one man and one woman.” just don’t tell MITT ROMNEY this! his family fled to mexico decades ago in order to keep their polygamy thing going on, after polygamy was outlawed in the united states. the republicans have just chosen a candidate from a very…shall we say…colorfull background…


Posted Wednesday, June 06, 2012 8:20 AM By MD
I sure hope our supreme court upholds Prop8 not only for the dignity of marriage, but because they have no right to alter something such as marriage which will ultimately undermine the teaching authority of our beloved Church and any other religious institution that objects to so-called gay marriage. God Love You.


Posted Wednesday, June 06, 2012 10:45 AM By peter
MD – Four wolves and a lamb have to vote on what’s for dinner. Who, again, should the supreme court be protecting? From your last post, you’d side with the wolves and their right to eat.


Posted Wednesday, June 06, 2012 10:53 AM By Sammy
Max, June 6:56 AM: you might add: Pres. Obama’s father married three different women without any divorces.


Posted Wednesday, June 06, 2012 11:11 AM By LH
My God. If gays are allowed to marry, what next? Jews and african americans might be given the right to vote, and then where would we be. In fact, this may lead to people from Kentucky being given the right to won property and wear the color red anytime they want. where will it stop?


Posted Wednesday, June 06, 2012 11:19 AM By ally
Max, Jesus also came from a colorful background.


Posted Wednesday, June 06, 2012 11:44 AM By Joseph
It was NOT overturning the vote of 7million Californians….it was overturning the will of ALL OF CALIFORNIA. The vote was fair and square, California spoke! And, it is NOT “Prop 8” which is being defended but the CALIFORNIA CONSTITUTION…into which Prop 8 when it passed was affirmed the definition of “marriage.” Why are these two important points neglected?


Posted Wednesday, June 06, 2012 12:17 PM By Rick DeLano
Thomas Edward Miles: You shall get your wish. I pause to remind you to be careful what you wish for……..


Posted Wednesday, June 06, 2012 12:18 PM By Rick DeLano
max: Not to worry. Mitt has signed the NOM marriage pledge. He is solid on marriage and will also have two Supreme Court vacancies to fill. I regret that the Republicans chose Mitt but he’ll have to do. The alternative is simply too awful to contemplate.


Posted Wednesday, June 06, 2012 1:53 PM By MD
peter-I don’t understand how it is you come onto a Catholic website trying to persuade people that God’s words on human sexuality are wrong. Who are you to disagree with God, the creator of the universe? You make proclamations as if you know better than the God who created our sexuality. You have never attempted to logically make a justifiable argument supporting your lifestyle and you probably know you can’t because you are living an outright lie, a denial of the true meaning of the human anatomy. I really pity you, the anger you have within your heart for the truth pray you receive spiritual healing for whatever is the source of your being gay. I hope you find the Lord in your life. God Love You.


Posted Wednesday, June 06, 2012 2:26 PM By JLS
This time I intend to vote for Romney. Marriage and gun rights, and maybe he will knock back the govt push of abortion and stop the gay rights abomination.


Posted Wednesday, June 06, 2012 2:30 PM By JLS
LH, how is it you are likening perverts with the Jews and with African Americans? What an insult!!!


Posted Wednesday, June 06, 2012 2:31 PM By JLS
Sammy, it’s ok because Obama’s father was Muslim and they allow up to four wives per man.


Posted Wednesday, June 06, 2012 2:36 PM By JLS
max, when sufficient good women disappear into the devil’s den, and society needs to restore the family, polygamy is a natural option. Remember that God allowed it up to the time when Jesus modified the marriage rules to what the Church teaches today. Polygamy is not intrinsically disordered. BTW, Obama’s gay accuser has scored a point in that his testimony has been taken off hold now.


Posted Wednesday, June 06, 2012 2:41 PM By Kenneth M. Fisher
Why are there so many who disagree with the Magisterium of the One, Holy, Catholic, and Apostolic Church on this issue posting on this Roman Catholic Site? Good question isn’t it! God bless, yours in Their Hearts, Kenneth M. Fisher


Posted Wednesday, June 06, 2012 2:45 PM By Kenneth M. Fisher
We are coming closer and closer to the situation that faced by the Mexican people in the early 20th Century. Our Founding Fathers feared Judicial Oligarchy more than they did foreign invasion! Viva Cristo Rey, Kenneth M. Fisher


Posted Wednesday, June 06, 2012 4:51 PM By Delilah
Our Lady of Guadalupe, pray for us and the Supreme Court of the United States.


Posted Wednesday, June 06, 2012 7:33 PM By Dana
Kenneth, I’ve noticed the increase of bigots on this site myself. It’s like having a party crashed by alien blobs who leave sticky gobs on all the furniture. They simply must have their simplistic, snide and utterly inane remarks smeared about don’t they? About the Prop.8 controversy, what is happening is the homosexual, left wing lobbyists simply can’t accept democracy and rule of law. They think, like their nazi counterparts in the past, that they can overrule legitimate elections and votes by having them changed by monkey courts that are packed with liberal judges who share their skewed views. It’s appalling that the decision made by millions of California voters has no value but can be superceded by a handful of judges. It is not their right to do so and the whole process is corrupt and anti-constitutional. Left wing fanatics are so convinced of their own superiority and rights they’ve become like a voracious beast. They won’t be satisfied until this whole country has become totally depraved and ignorant.


Posted Wednesday, June 06, 2012 11:12 PM By Abeca Christian
Dana I like your comments!


Posted Thursday, June 07, 2012 12:44 PM By Kenneth M. Fisher
Dana, I remember a conversation I had in the early 60’s with the late Congressman Clyde Doyle concerning my apprehension about them getting control of the courts and subsequent Judicial Oligarchy, well it has happened! Viva Cristo Rey, Viva La Virgen de Guadalupe, e Viva Los Martos de Mexico! God bless, yours in Their Hearts, Kenneth M. Fisher


Posted Thursday, June 07, 2012 12:50 PM By Doug
Pray the Joyful, Sorrowful, and Glorious Mysteries of the Holy Rosary, (preferrably St. Louis DeMonfort’s way) that this case is accepted by the US Supreme Court, and pray that the so-called 5 (practicing/unpracticing???) judges on the high-Court, have enough morals, values, courage, and fortitude to please God, not the sinners.


Posted Thursday, June 07, 2012 9:40 PM By Cody in Tucson
Dana – I mentioned to my wife a couple days ago that it seems like every 2-3 months a few new names pop up on CCD, hurl a few grenades at the regular commentators and the traditional Church, and then after a couple weeks or so they run out of ammo and disappear. I always wonder when I notice this happen if it is a coordinated attack.


Posted Friday, June 08, 2012 1:15 AM By Angelo
Doug, Lets not forget the Luminous Mysteries. What is the St. Louis deMonfort’s way of praying the Rosary?


Posted Friday, June 08, 2012 6:05 AM By Rick DeLano
Doug: I think your counsel is very wise. Alas, the mere fact that the very definition of humanity’s oldest and most important institution now depends entirely upon the vote of a single justice (Kennedy) will, hopefully, begin to drive home how catastrophically the American experiment ha failed.


Posted Friday, June 08, 2012 9:27 AM By JLS
Cody, the way I see it, that is the issue you point out of passing bloggers throwing zingers into the CCD threads, is that it presents all the challenges that Catholics run into in their daily lives, challenges springing up from everywhere and everyone and everything. This challenge helps us develop the means to both resist and evangelize.


Posted Friday, June 08, 2012 9:28 AM By JLS
The Luminous Mysteries are awesome: the Baptism, the Wedding, Preaching the Kingdom, Transfiguration, and the Holy Eucharist.


Posted Friday, June 08, 2012 9:31 AM By Angelo
“hurl a few grenades at the regular commentators”. We sound arrogant when we refer to ourselves as “the regular commentators.” calcathdaily has not appointed “regular commentators”. This site has made it clear that when someone comments and this site considers it worth noting, they print it. I think alot of us are beggining to sound like yesterdays news. Some fresh blood is needed. Fresh insights, fresh air, its getting kind of stuffy. Perhaps there should be a limit on posts. I sure would like to read what others have to say.


Posted Friday, June 08, 2012 4:40 PM By max
“Posted Wednesday, June 06, 2012 11:19 AM By ally Max, Jesus also came from a colorful background.” do you mean to say, ALLY, that JESUS was born in kenya like the birth3ers say? don’t let them get THAT idea into their heads…they are pretty zany already without any more fodder…


Posted Friday, June 08, 2012 8:52 PM By Cody in Tucson
JLS – Yes, CCD helps the Church Militant sharpen their swords!


Posted Friday, June 08, 2012 11:07 PM By JLS
Angelo, try shifting your motivation to individual bloggers rather than ideas. The ideas have to connect with the individuals. Heaven and earth have to meet.


Posted Saturday, June 09, 2012 12:58 AM By Kenneth M. Fisher
Angelo, I too would like to hear from others; however this Blog is open to all. Have you tried to recruit more bloggers? God bless, yours in Their Hearts, Kenneth M. Fisher


Posted Saturday, June 09, 2012 3:40 PM By Kenneth M. Fisher
4:40 PM By max, You are Zany for apparently not even considering the vast amount of evidence that Obama is not eligible for the U.S. Presidency. I repeat all who are just candidates for Officers training are required to produce such information. In fact the very Demoncrats who are shielding the Obamanation insisted on and got that information from John McCain! May God have mercy on those who have eyes but will not see, and ears but will not hear! God bless, yours in Their Hearts, Kenneth M. Fisher


Posted Saturday, June 09, 2012 6:58 PM By max
KENNETH THE BIRTHER —- you are too much! do you think the country has a foreignn-born president who’s a muslim and a terrorist? please. stop your subscription to the national enquirer and read something less hysterical.


Posted Sunday, June 10, 2012 4:22 PM By Abeca Christian
Angelo you may get your wish. Be careful for what you ask for. Now changed topic here: The word of God is repeated often but because those who hate it, now want it gone because it is not fresh air anymore to them. I prefer to keep close to the Word of God, God never changes, I’m grateful for that. I appreciate our Lord for being like a perfect gentleman. Our Lord is good and His message may be old to some but for us, it is always new and refreshing our souls. The goodness of our Lord does not change! But people do and with their man made ideologies we are damned and silenced! But who cares, God wins in the end. His angels and saints worship Him in the same way that is pleasing to our Lord, so are the words of His faithful, they do not change but only lift up and edify His truths now and forever! Viva Cristo Rey!


Posted Sunday, June 10, 2012 6:02 PM By non birther nut
Sometimes stupid is used out of anger and an apology comes later. When it comes to Birther’s it comes down to racist hate and that is a crime in this countryl. The Presidents family knew he was going to be elected President someday and knew they would need to hide his place of birth so he would be eligible.when the time came. This not only sounds stupid. It is stupid, ignorant and racist the first time it was heard of years ago. To keep advocating it to this day is ignorance and stupidity beyond the lowest bounds of human intelligence and understanding. I know none of this matters because the Church is the only voice of god, and God overlooks this kind of ignorant stupidity because of this. The Church is in all kinds of trouble (criminal And scandal) …. and it is not rumors or invented. Do something to help the Church instead of this kind of BS.


Posted Sunday, June 10, 2012 6:39 PM By Kenneth M. Fisher
max, THANK YOU FOR INDICATING THAT I HAVE ENOUGH COMMON SENSE TO BE CALLED A BIRTHER. The last time I was given such a compliment is when the now deceased compromising Chairman of the Republican Party in Orange County called me a “extremely conservative Republican”. He meant it as a come down, but I turned it on his head by thanking him for the compliment, the same as I am doing to you now. If you despise “The National Enquirer” so much, perhaps I should subscribe to it! God bless, yours in Their Hearts, Kenneth M. Fisher


Posted Sunday, June 10, 2012 9:07 PM By JLS
max, the real meaning of “birther” is to point out that Obama was never born; rather he crept up out of the ooze and slime of the zombie grave yard.


Posted Sunday, June 10, 2012 11:02 PM By Cody in Tucson
As was noted last Friday AM maybe this blog site is getting too “stuffy” and “fresh blood is needed”. I’ll admit that I am an older fogey who has traditional views on the Church and politics and I certainly am not going to water down my views and bow to those who “hurl a few grenades at the regular commentators”. So maybe us more conservative fuddy-duddys should just stay away from CCD and we’ll see how CCD does without the traditional point of view, just leave CCD to the left wing grenade throwers to launch attacks at each other. So I will take a leadership role and limit my posts to …… ZERO. It has been an interesting few years for me and a lot of nice intelligent people on this site. To those people I pray we will all meet again in that big blog site in the sky!


Posted Monday, June 11, 2012 7:59 AM By Bob One
Mr. Fisher, I agree with Max. It’s time for you to put away your animus. Our President is a native born citizen of the United States. His full birth certificate has been released by the State of Hawaii. His mother was a U.S. citizen. It has been proven over and over that he is a citizen. Your continued rants on this subject makes you look/sound much less smart than we know you are. Can’t we agree to leave this issue alone. This is not a political site.


Posted Monday, June 11, 2012 9:26 AM By JLS
Cody, happy to read that you will limit your posts to “ZERO”, which presumably refers to the Big O in the Big House … I mean the White House.


Posted Monday, June 11, 2012 11:42 AM By Maryanne Leonard
I hear you, Cody. God bless you always.

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