New coalition pushes for constitutional amendment to protect marriage

SACRAMENTO, Calif. — A coalition of Christian conservative groups is forming an alliance to seek a state constitutional amendment that would ban same-sex marriage in California.

The coalition, in the talking stage for about a month, was jumpstarted after a March ruling by a San Francisco Superior Court judge who ruled that the voter-approved Proposition 22—which declares marriage as only between one man and one woman—unconstitutional.

In a separate case, the 3rd District Court of Appeals decided April 4 that AB 205, a domestic partnership bill passed by the legislature in 2003, and which extends many of the same rights and privileges afforded to married couples, does not violate Proposition 22.

In its ruling, the appeal court also said that the wording of Proposition 22 was too vague to include domestic partnerships and that the legislature was within its right to regulate such unions.

“It was time to move toward an amendment by the people because the courts were not assisting us in maintaining the intent of Proposition 22,” said Ron Prentice, executive director of the California Family Council, one of the groups spearheading the fledgling coalition.

Others who have agreed to work on the initiative drive include the Proposition 22 Legal Defense and Education Fund and the Alliance Defense Fund.

“It’s refreshing to see many groups aligning, recognizing that the cause of marriage is much more important than promotion of their own organization,” he said.

Prentice said he’s hopeful other conservative activist groups will also sign on.

“The coalition is rapidly expanding and we are pleased to see that conservative groups are happy to align and we are looking forward to working together,” Prentice said. “Our experience now is that we recognize that, without a coalition of groups, we hurt ourselves more than the opposing groups.”

Eighteen states now have constitutional protections for traditional marriage and at least 30 have some sort of statutory protections which make them vulnerable to court challenges, Prentice said. Another 17 are considering some type of constitutional protections.

“The ruling of the (California) courts consistently refer to any regulation that’s not included in the state constitution as being unconstitutional, so a state amendment will prevent the courts from ruling against the will of the people,” Prentice said.

Joe Infranco, with the Alliance Defense Fund, agreed saying California is just one judicial decision away from losing protections for traditional marriage.

“All that needs to occur is for the California Supreme Court to affirm his (San Francisco judge’s) decision and California becomes the second state, behind Massachusetts, to enact same-sex marriage.”

Infranco said his organization has agreed provide legal counsel and advice to the coalition.

“”We have been active in protecting marriage across America and will continue in California,” he said.

In order to qualify a possible constitutional amendment for the ballot, supporters would need to secure nearly 600,000 valid signatures from registered voters statewide.

If placed on the ballot, the measure would need just a simple majority to change the state constitution.

A personal cause
For Andrew Pugno—chief counsel for the Proposition 22 Legal Defense and Education Fund and the former chief of staff for the late Pete Knight, the state senator who spearheaded Proposition 22—the issue is deeply personal. It was his first assignment when he joined Knight’s staff a decade ago.

He also helped Knight establish the legal defense fund after supporters of same-sex marriage began to challenge the voter-approved initiative.

“It was set up mainly to do legal actions to keep Proposition 22 on the books and functioning,” Pugno said.

The lawyer is encouraged by the vision of the coalition.

“We are examining language that would address the San Francisco court’s decision that Proposition 22 is unconstitutional,” he said.

Like Prentice, Pugno said he’s confident that California voters still overwhelmingly support traditional marriage. Proposition 22 was approved by 62 percent of the voters, a significant victory for traditional marriage supporters.

“Proposition 22 stopped the legislature from creating same-sex marriage,” Pugno said. “Now we have to stop the courts from doing it.

“Although we know California is different, it’s encouraging to see the overwhelming majority of people approve (traditional marriage). They fundamentally understand these decisions need to be made by the people and not taken away by a handful of judges.”

Still, they are prepared for a battle.

“We recognize that the opposition will be intense and we are going before the people, as well as the Lord, over this issue,” Prentice said.

“We have very high hopes, based on the vote of 2000. We believe the people of California continue to hold that opinion.”

For more information, contact the California Family Council at (951) 354-8362 or log on to californiafamily.org.

Published, May 2005

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