Liberty Counsel Files Brief in California Marriage Battle
by Allie Martin
November 18, 2004
(AgapePress) - Pro-family groups have filed a legal brief in the case of Thomasson v. Newsom in an effort to defend the constitutionality of California marriage laws.
Last February, San Francisco Mayor Gavin Newsom began issuing marriage licenses to same-sex couples, an unlawful act that prompted Orlando-based Liberty Counsel to file suit against Mayor Newsom on behalf of Campaign for California Families. In July, the California Supreme Court ruled that Newsom had no authority to issue the so-called same-sex marriage licenses and ruled them null and void.
Mat Staver | |
But Mat Staver, president of Liberty Counsel, warns that the matter is not settled for homosexual activists. Although California's highest court reversed Newsom's actions, the attorney points out that several lawsuits filed by same-sex marriage advocates are still pending that challenge the constitutionality of California's marriage laws.In its latest brief in the case, Staver says Liberty Counsel is arguing that very point -- that the marriage laws of the State of California are constitutional and do not constitute gender discrimination. Furthermore, the brief contends that "sexual orientation" is not a protected class, and since it is not an immutable characteristic, homosexuals have no right to heightened protection under California law.
"There is nothing contrary with the state's marriage laws that say marriage is between one man and one woman in the state's constitution," the attorney insists. "The definition of marriage is not up for grabs in America." The attorney goes on to note that lawmakers and electorates throughout the United States "have steadfastly maintained the traditional definition of marriage."
Still, Staver has no illusions that homosexual activists will back down in their efforts to overthrow the will of the people. "This litigation, whether it is in California or other states, means that the people need to set marriage policy," he asserts. "It cannot be set by judges. And it cannot be set by individuals who want to impose their will on the people and undermine marriage."
The Liberty Council spokesman says the U.S. will have a national marriage policy "one way or another. It will either be set by the courts or it will be set by the people." Meanwhile, the battle to protect traditional marriage in the states continues, and the attorney is mindful of the mandate of California citizens, who voted overwhelmingly in March 2000 to protect marriage as a one-man, one-woman institution.
Staver says Liberty Council will not allow those citizens' voices to be "stifled by endless court battles which seek to overthrow common sense and the will of the people." The attorney says the case of Thomasson v. Newsom is pending before the state trial court, and a decision on the matter can be expected some time after the first of next year.
