SAN FRANCISCO ― Marriage Equality USA has reaffirmed its support for the U.S. Supreme Court decision of June 26 restoring the freedom to marry in California. “Despite Friday’s implausible petition from the San Diego County Clerk, what remains absolutely clear is that the courts have spoken, and Proposition 8 is unconstitutional,” said Brian Silva, Marriage Equality USA Executive Director. “The State of California has unambiguously instructed all 58 counties to abide by the Supreme Court decision. In the face of these last baseless attempts by a few to deny the freedom to marry for all Californians, we expect all counties to follow the law and abide by the direction of the California Attorney General to continue to perform marriages for all California couples without interference or delay,” concluded Silva. “The U.S. Supreme Court, the Ninth Circuit Court of Appeals, and the California Supreme Court have all taken action in the last month — the spirit of the law, and the letter of the law are crystal clear. Marriage is a fundamental right to marry the person you love, and the Constitution guarantees that right to all loving, committed couples throughout California,” said John Lewis, Marriage Equality USA Legal Director.
In light of Dronenburg’s petition MEUSA stands by restoring the freedom to marry in California
Sorry to disappoint you, but the SCOTUS made no attempt whatsoever to declare a universal “right” to genderless “marriage” in their decision on Prop 8 last month. Far from it. They didn’t strike down Prop 8. In fact, they left it fully in tact, since a District Court decision is insufficient, according to the California State Constitution, to repeal a law or constitutional provision voted in through the initiative process. I think you know this already, so I am even more wondering why you would publish such an incredibly legally-illiterate statement. It will be up to the California Court to decide its fate. Frankly, we had all better hope that they continue to uphold the initiative process, because we would all be in trouble if they decided the Governor had the right to just veto a law or constitutional provision by executive order just because he didn’t like it. That would mean the end of the initiative process for all practical purposes, and the end of what should be at least a LEGAL attempt to repeal Prop 8 by the very process by which it was voted into the State Constitution in the first place – a new ballot initiative.
You are trying to say that US Circuit Courts don’t determine legality? Wrong! The Circuit Court decision stands. Sorry, homophobes.