Randy Thomasson and Campaign for California Families Intervene in California Attorney Generals Action at State Supreme Court to Stop Same-Sex Marriage Licenses

Mar 1, 2004

San Francisco, CA – Today Randy Thomasson and Campaign for California Families (“CCF”) filed legal documents seeking to intervene in the action brought by the California Attorney General at the State Supreme Court. Mr. Thomasson and CCF are represented by Mathew D. Staver, President and General Counsel of Liberty Counsel, a national public interest law firm.

While the case filed by Liberty Counsel on behalf of Mr. Thomasson and CCF is still scheduled for a hearing before the State Superior Court later this month, Attorney General Bill Lockyer late last Friday filed an action with the California Supreme Court. The AG’s action names the City of San Francisco but does not include Mr. Thomasson or CCF. For seven days while Mayor Gavin Newsom illegally issued so-call same-sex “marriage licenses”, the AG’s office remained silent. After Governor Arnold Schwarzenegger publicly called upon the AG to intervene, the AG’s office posted a message on its website. The message stated that the AG would defend the law, but then stated that Mr. Lockyer is opposed to any law that “discriminates” and personally favors domestic partnerships and civil unions. Having remained silent when he should have acted and having publicly stated his personal opinions, Mr. Thomasson and CCF question whether the AG’s office will adequately and vigorously defend California’s laws that state marriage is between one man and one woman.

In the documents filed today, Liberty Counsel argues on behalf of Mr. Thomasson and CCF that they, and CCF constituents, are not adequately represented by the California AG. The documents also present additional arguments on the merits of the case not raised by the AG. First, additional case law is presented to show that Mayor Newsom and the City of San Francisco are bound by Article III, Section 3.5 of the California Constitution, which requires the City to enforce existing laws, and prohibits the City from failing to enforce existing laws, until such time as the laws are ruled unconstitutional by an appellate court. Second, the documents point out that neither Mayor Newsom nor the City may raise equal protection under the California or the United States Constitution as the basis for violating existing laws. California law states that equal protection is a right of individuals and cannot be raised by the government as a defense.

Staver commented, “The majority of Americans who believe in marriage between one man and one woman should thank Mayor Newsom for revealing to the world the radical nature of the same-sex marriage movement. Order will return to San Francisco. The Mayor’s actions have been a wakeup call to those who believe in marriage between one man and one woman.”

Liberty Counsel is a national public interest law firm dedicated to advancing religious freedom, the sanctity of human life and the traditional family. On the campus of Liberty University School of Law, Liberty Counsel’s Center for Constitutional Litigation and Policy trains attorneys, law students, policy-makers, legislators, clergy and world leaders in constitutional principles and government policies.