Traditional Marriage Victorious in California

6 10 2006

Filed under: Marriage, California Court, Liberty Counsel

Yesterday afternoon, a California appeals court in San Francisco issued a crushing defeat to the same-sex marriage agenda by upholding California’s law defining marriage as a union between a man and a woman. Mat Staver of Liberty Counsel presented oral argument in favor of traditional marriage.

Today, in a 2 to 1 decision, the California Court of Appeals rejected same-sex marriage in the closely watched case challenging the state’s marriage laws.

The majority opinion stated: “The [same-sex couples] in these appeals are asking this court to recognize a new right. Courts simply do not have the authority to create new rights, especially when doing so involves changing the definition of so fundamental an institution of marriage…. The court’s role is not to define social policy.” The opinion also stated: “The trial court’s decision … essentially redefined marriage to encompass unions that have never before been considered as such in this state. [I]t is beyond the judiciary’s realm of authority to redefine a statute or to confer a new right where none previously existed.”

Mathew D. Staver, Founder and Chairman of Liberty Counsel, commented: “The state of California did not create marriage and judges should not redefine it. Marriage is distinct from other personal relationships. The marital union of a man and a woman uniquely fosters responsible procreation, contributes to the continuing well-being of men and women, to society, to children and to the state. Same-sex relationships by definition and nature can not constitute marriage. To redefine marriage to include same-sex couples would abolish marriage and make gender irrelevant. The result would be nonsensical and would have devastating effects on children and society. The California Court of Appeals followed the lead of other courts around the country in recognizing that judges should not re-write marriage laws with a stroke of a pen.” (emphasis mine)

Read the 64-page opinion.

Wow. This court could not have said any better: “Courts simply do not have the authority to create new rights, especially when doing so involves changing the definition of so fundamental an institution of marriage. The court’s role is not to define social policy.”

This court is admitting to what conservatives, or “Originalists” as we are so affectionately called, have been saying for years. That is, courts cannot “create new laws.” They are there to INTERPRET law. I have stressed this in many posts before.

For you liberals who wonder, if we need to make a change, how do we do that?

Answer: Amendment.

That’s it. It’s that simple. But it will require work. And I know how opposed to work you liberals are. Always seeking the short-term, quick-fix, fastest answer to your problems. But hey, just thought you should know, conservatives are working on an amendment already. It’s called the Federal Marriage Amendment. It came very close to coming to vote in the Senate in May of this year. It may experience some obstacles, but in time, it will pass.

So conservatives have a huge jump on liberals. But we were beat back by scared Democrats who were too chicken to let it come to vote in the Senate. So we’re essentially even now. C’mon. Let’s see if liberals can work hard and pass an amendment the right way instead of hijacking the Constitution like they have so many times before.

Jay Stephenson: ACLU is disappointed
La Shawn Barber: “Knowing the people of California, however liberal, won’t vote to redefine marriage to include “same sex,” homosexual advocacy groups plan to do what all such groups do: take it back to court. They’ll no doubt appeal to the California Supreme Court. “

She’s probably right. Hopefully, though, if these cases can’t get passed in Oregon or New York, Cali won’t succed either.

Tidbits And Treasures trackbacked with: Battle of same-sex marriage debate in California

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