It is widely being mis-reported that the Court ruled against Prop 8. IT DID NOT! Rather, the Court said it could not reach a decision because California government officials refused to defend the law. So it did not rule on Prop 8’s validity.
In doing so, the Court also nullified the Ninth Circuit’s ruling against Prop 8, which is a great victory in itself! So, the voter-passed Constitutional Amendment to protect man-woman marriage remains the law of the land in California, because only an appellate court can strike down a voter proposition statewide.
But it remains to be seen what California officials will do now. Right now, we are heading down the steps of the Supreme Court, building to a long bank of TV cameras and reporters, to deliver this statement: “We are pleased that the Supreme Court has reversed the Ninth Circuit Court of Appeals’ misguided decision that sought to invalidate Proposition 8. For the more than seven million Californians who have seen their vote stripped away from them, little by little, over the course of five years, that decision is gratifying.
“While it is unfortunate that the Court’s ruling does not directly resolve questions about the scope of the trial court’s order against Prop 8, we will continue to defend Prop 8 and seek its enforcement until such time as there is a binding statewide order that renders Prop 8 unenforceable.
“We are also especially grateful and humbled by the consistent prayers and support of traditional marriage supporters everywhere throughout this long and difficult case.”
Please stay tuned for a detailed analysis of the Court’s decision from our official Prop 8 Legal Defense Team. See also coverage by our dedicated co-counsel in the case, Alliance Defending Freedom.
Diane Griego, Patterson resident