www.LC.org

San Francisco, CA – Liberty Counsel has filed an amicus brief in Perry v. Schwarzenegger on behalf of Campaign for Children and Families and JONAH (Jews Offering New Alternatives to Homosexuality), in the appeal to the Ninth Circuit Court of Appeals. The Ninth Circuit Court of Appeals has put a stay on Judge Vaughn Walker’s ruling which struck down Proposition 8.

On November 4, 2008, the voters of the state of California passed Proposition 8, which affirmed that marriage is between one man and one woman. The California Supreme Court has stated in the past that “The right of initiative is precious to the people and is one which the courts are zealous to preserve to the fullest tenable measure of spirit as well as letter.” When the same-sex marriage activists could not win the battle of the ballot box, they decided to use the federal courts to overturn the will of the people and force government recognition of same-sex marriage. 

On August 4, Judge Walker issued his ruling in Perry v. Schwarzenegger, which claimed a right to homosexual marriage in the U.S. Constitution and nullified the votes of the people of California. This was unprecedented, as never before in American history had any court struck down a marriage amendment under the federal Equal Protection Clause. In fact, the Supreme Court in a prior case dismissed a similar challenge, because there was no basis to argue such a federal constitutional right. 

Judge Walker’s ruling is not based in fact. His ruling relies on one-sided, biased testimony. The opinion, which found sexual orientation to be a suspect class, stands in direct contrast with not only all prior federal case law but also a wealth of evidence documenting the fact that sexual orientation can be changed. Liberty Counsel’s brief argues that homosexuality cannot be considered for increased protection, like race, because it is (1) difficult to define, (2) impossible to classify, (3) is not immutable, (4) is subject to change, and (5) does not meet the legal criteria for increased constitutional protection. Moreover, the existing research shows that children do best with dual gender parents – a mom and a dad. Gender does matter to the well-being of children. Finally, homosexuality presents serious physical, emotional, mental, and other health-related risks. 

Mathew Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, commented: “Marriage with dual-gender spouses presents the optimal environment for children. Moms and dads are not disposable. Same-sex marriage harms children and undermines the family. There is no conceivable way to distort the Constitution to grant a right to same-sex marriage. This decision striking down Proposition 8 stands on an island by itself.”

Follow us on Facebook  and Twitter  

Join Freedom Federation   and view us on