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Francisco Judge Rules Marriage Laws Unconstitutional
This case will pour gasoline on the fire ignited by the pro-marriage
Francisco, CA – Today, San Francisco Superior Court Judge Richard
Kramer ruled California’s marriage laws, which clearly limit marriage
to one man and one woman, unconstitutional. In his opinion, Judge Kramer
stated, “It appears that no rational purpose exists for limiting marriage
in this state to opposite-sex partners.” Kramer further stated, “The
state’s protracted denial of equal protection cannot be justified
simply because such constitutional violation has become traditional.”
Mathew D. Staver, President and General Counsel of Liberty Counsel, and
Rena Lindevaldsen, Senior Litigation Counsel, represent Campaign for California
Families (“CCF”) and its founder, Randy Thomasson, in this case.
February, the California marriage laws came under attack when San Francisco
Mayor Gavin Newsom broke the law and began to arbitrarily issue same-sex
marriage licenses. Liberty Counsel filed suit on behalf of CCF against Mayor
Newsom. In July, the California Supreme Court ruled that Newsom had no authority
to issues marriage licenses to same-sex couples and found such licenses
to be null and void. The several lawsuits filed against Mayor Newsom and
by same-sex marriage advocates were then consolidated before Judge Kramer.
Kramer’s decision strikes down Proposition 22, which was a statewide
voter legislative initiative that was passed in 2000 by a vote of 61.4%.
Proposition 22 declared that marriage is a union of one man and one woman.
The decision relies on the California Constitution Equal Protection Clause.
said that Liberty Counsel will appeal this decision on behalf of CCF. Staver
commented, “This ruling is not the end of the battle. It is just the
beginning. Marriage should not be undermined by the stroke of a pen from
a single judge. Marriage is a fundamental policy issue that must be decided
by the people. To rule that there is no rational purpose to preserve marriage
as the union of one man and one woman is ludicrous. This ruling, which flies
in the face of common sense and millennia of human history, will pour gasoline
on the fire ignited by the pro-marriage movement. Californians and the rest
of the country will react to this decision by passing constitutional amendments
to preserve marriage on the state and federal levels. No society has created
a buffet-like arrangement of human relationships from which anyone may pick
and choose and call it marriage. Marriage is and must remain the union of
one man and one woman.”