Liberty Counsel
NEWS RELEASE
Contact: PUBLIC RELATIONS
DEPARTMENT - 800-671-1776
FOR IMMEDIATE RELEASE:
April 3, 2007
Defense
of State Marriage Laws Continues Before California Supreme Court
San
Francisco, CA - Yesterday Liberty Counsel
filed its opening brief in the California Supreme Court in the
ongoing consolidated same-sex marriage cases which address the constitutionality
of California's marriage laws defining marriage as the union of one
man and one woman.
The
cases originated in February 2004 when Liberty Counsel filed suit
on behalf of Campaign for California Families and its executive director,
Randy Thomasson, to stop San Francisco Mayor Gavin Newsom from issuing
marriage licenses to same-sex couples. The California Attorney General
asked the California Supreme Court to decide whether Mayor Newsom's
actions were lawful, and the Court ruled that he mayor did not have
the authority to issue the licenses based upon his personal belief
that the marriage laws were unconstitutional.
Meanwhile,
several same-sex couples and the City of San Francisco filed four
separate lawsuits challenging the constitutionality of the marriage
laws. Those four lawsuits and Liberty Counsel's action were
consolidated and heard by a Superior Court judge in San Francisco,
who found the laws unconstitutional. The California Court of Appeal
reversed the judge, ruling that the marriage laws are constitutional
and refusing to create a new right "changing the definition
of so fundamental an institution as marriage." The matter was
then appealed to the California Supreme Court where briefing is now
underway. The City is arguing that preserving marriage as an institution
involving the union of one man and one woman discriminates against
homosexuals who want to marry.
Mathew
D. Staver, Founder of Liberty Counsel and Dean of Liberty University
School of Law, who presented oral argument in this case before the
California Supreme Court last year, commented: "The City's
argument that marriage discriminates against homosexual relationships
misunderstands the purpose of marriage which is to promote stable
relationships between men and women, which is the only union where
national procreation can occur. It also misunderstands the importance
gender in families. Gender makes a significant difference in the well
being of children. The City isn't arguing for a minor change
in marriage, but for a deconstruction of the institution of marriage.
The essence of marriage rooted in our history has always been union
of one man and one woman. We have never allowed, for good reason,
a myriad of diverse human relationships united under the banner of
marriage."
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