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SAN FRANCISCO, Calif. — In a victory for California voters, the California Supreme Court on May 26 upheld Proposition 8, approved by ballot in November. The 6-1 court ruling means that the state constitution legally restricts marriage as between only one man and one woman.
At the same time, however, the court also upheld the same-sex marriages conducted during a brief legal window from last June to Election Day. That window was opened last spring when the same court ruled that Proposition 22—a 2000 voter-approved initiative that changed state law to protect traditional marriage—was unconstitutional.
Even as the state court was mulling the Proposition 22 case last year, a grassroots coalition of traditional family advocates rallied together to form Protect Marriage, which sponsored the unprecedented Proposition 8 campaign. Proposition 8 bypassed state law, choosing instead to go add the traditional marriage protection directly to the constitution.
Even though the measure had already qualified for the November ballot when the state Supreme Court overturned Proposition 22, the justices refused a legal motion to stay same-sex marriages until the voters had their say. Voters approved Proposition 8 by a margin of 52-48.
Three separate challenges to the new constitutional amendment were heard during a March hearing in San Francisco. Even before the high court ruling, however, gay rights leaders said that if their legal challenges were thwarted by the justices, they would try to override the constitutional amendment at the ballot box as early as 2010.
After the ruling, Ron Prentice, chairman of the Protect Marriage campaign, said he was pleased, but not surprised by the decision. Most experts, including some who support same-sex marriage, said the tone of questioning from the justices during the oral arguments earlier this year seemed to indicate they were unwilling to override voters.
“We are excited,” said Prentice, who was in Sacramento when the ruling was released. “We are pleased.”
At the same time, Prentice said there was still work to be done.
“It is a time to celebrate, but that celebration will be mixed with ongoing strategic plans both for the grassroots and media outreaches,” he said. “We recognize that the proponents of same-sex marriage will follow through with their threat to overturn the will of the people.”
Volunteers thanked
Prentice also took a few minutes to praise the grassroots work of ordinary people doing extraordinary work.
“I hope they are as encouraged as any one of us because they are the ones that brought this to bear. There were 200,000 people who walked, who knocked, who called and who stood on corners to get the message out.”
Chris Clark, who provided organizational support for churches during the Protect Marriage campaign, was with some of the leadership team in San Diego when the ruling was announced.
“It’s not a celebration,” said Clark, pastor of East Clairemont Baptist Church in San Diego. “It’s more of a confirmation that the vote of the people has been upheld and it’s the law of the land.”
Clark said it’s important that citizens hold all branches of their government accountable and to take a stand when they see “it’s gotten out of hand.”
“It is the right, it is the duty, it is the responsibility of the people to take it back,” the pastor said. “This is a perfect example.”
Like Prentice, Clark said the work does not end with this ruling.
“There is a massive need in our state to continue to educate and inform as to how important traditional marriage is to our society.”
No gloating
Jim Garlow, pastor of Skyline Church in La Mesa, said he was “elated and relieved” with the ruling, but cautioned Proposition 8 supporters to approach the victory with measured response.
“This is not supposed to be like we won a soccer tournament,” he said. “It is more of a recognition that God is God. We asked God to intercede on our behalf and He did. No one person can take credit for this. There should not be any sense of gloating on our side.”
Instead, he suggested believers use the opportunity to minister to supporters of same-sex marriage.
“It’s time to reach out and establish relationships with people on the opposite of the issue,” he said.
‘Worst fears’
Equality California, a gay right’s organization that led the opposition campaign to Proposition 8, indicated its disappointment in a statement on its Web site.
“Our worst fears have come to pass,” it said. “The California Supreme Court just ruled that a slim majority of voters could eliminate the right of same-sex couples to marry. This unjust decision flies in the face of our constitution’s promise of equal protection … Our community and our allies will not allow this ongoing discrimination.”
The group also vowed to reverse the constitutional amendment and is seeking $500,000 in 90 days to launch its efforts.
“EQCA is on the ground working in the field with other grassroots groups to talk directly to voters at their doors and at festivals, events and shopping centers in their communities,” the statement read. “While eight organizers is a strong start, it is honestly a drop in the bucket in a state the size of California. To reach our targets and build a winning effort, we must have a minimum of 25 field staff on the ground across the state as soon as possible.”
Fred Karger, founder of Californians Against Hate, a same-sex marriage advocacy group that has been targeting Proposition 8 supporters with boycotts, vowed to continue scrutinizing “all who oppose our civil rights.”
“We will carefully monitor and take action against those who bully us and spend vast sums of money against us,” he said in a statement released shortly after the decision. “Individuals and organizations who give millions of dollars to deny our full civil rights will be held accountable.
“Over the last 10 years, our opponents have beaten us at the ballot box in 30 out of 30 states. Now we are aggressively fighting back. Same-sex marriage is now legal in five states, and more will follow soon, including California.”
Paying a price
Prentice, however, responded that threats and intimidation will not stop the movement to support natural marriage. Immediately after the passage of Proposition 8, many contributors to the Yes on 8 fund were targeted for their stand, with several ultimately losing or resigning their posts under pressure. A boycott of the Manchester Grand Hyatt, whose owner contributed to the campaign, is said to have cost the hotel $7 million in revenues from canceled conventions and room stays.
“Opponents of traditional marriage have been exposed for their intolerance of a person’s rights of conscience and religious expression,” Prentice said. “We are devoted to informing and educating Californians on marriage’s ultimate value to a society, for the benefit of children and the next generation.”
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