A California Superior Court judge yesterday ruled a group defending California citizens’ vote on marriage can pursue its case against the city and county of San Francisco, which earlier this year became the first jurisdictions to sanction same-sex marriage.
The Proposition 22 Legal Defense and Education Fund, represented by attorneys with the Alliance Defense Fund, are defending California’s marriage statutes, which recognize marriage between one man and one woman only.
“Radical groups dissatisfied with democracy are always trying to use the courts to implement their agenda,” said Robert Tyler, an ADF attorney based in California. “We intend to mount a vigorous legal defense on behalf of our clients and the interest of Proposition 22 supporters.”
ADF attorneys seek a declaratory judgment from the court stating California’s marriage laws are constitutional and San Francisco wasted taxpayer money in implementing and defending its illegal practice of issuing marriage licenses to same-sex couples in February.
They also want a permanent injunction against the city to prevent it from issuing any such licenses ever again.
The Proposition 22 Fund was battling against claims that it had no standing in light of the California Supreme Court’s decision Aug. 12 to void the marriage licenses.
“The Supreme Court’s decision was excellent, but the justices themselves said that they were not ruling on the validity of California’s marriage laws in that case,” Tyler explained.
“The members of the Proposition 22 organization are uniquely qualified to defend this law,” he said. “Included among them are many of the same people who made sure the people of California were able to vote on this issue.”
Proposition 22, which passed with 61 percent of the vote in March 2000, resulted in the state’s Defense of Marriage Act, which states, “Only marriage between a man and a woman is valid or recognized in California.”
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