Anti-Marriage Ruling in California Sparks New Appeal, Day of Prayer

Author: ADF President, CEO, and General Counsel Alan Sears

The already notorious February 7 ruling by two judges on the U.S. Court of Appeals for the 9th Circuit – upholding a district judge’s decision against Proposition 8 (California’s constitutional amendment protecting marriage as the union of one man and one woman) – was a triumph for judicial activism and leftist Hollywood influence. But only a temporary one.

The decision was much more sad than surprising. Sad, because a federal court endorsed a lower court judge’s decision to ignore the expressed will of California voters, effectively ruling to redefine marriage in California. But not surprising, since the three-judge panel that heard the appeal included Judge Stephen Reinhardt, the most overturned judge in America and the husband of the former executive director of the ACLU of Southern California.

The appeal the panel rejected was filed by the ProtectMarriage.com legal defense team, which includes Alliance Defense Fund attorneys. ProtectMarriage.com is the banner organization for the official proponents and campaign committee of Proposition 8, which 7 million California voters enacted in November 2008.

Still, not all the news was bad. A stay that prevents marriage licenses from being issued to same-sex couples in California is still in effect. And the 9th Circuit affirmed the right of the official Proposition 8 proponents to continue to defend the amendment on appeal – which, of course, we will, to either the full 9th Circuit or the U.S. Supreme Court, or both.

“No court should presume to redefine marriage,” says ADF Senior Counsel Brian Raum, “or undercut the democratic process by taking the power to preserve marriage out of the hands of the people. Americans overwhelmingly reject the idea of changing the definition of marriage. Sixty-three million Americans in 31 state elections have voted on marriage, and 63 percent voted to preserve marriage as the timeless, universal, unique union between husband and wife.”

“We are confident that the expressed will of the American people in favor of marriage will be upheld,” he says. “The ProtectMarriage.com legal team’s arguments align with every federal appellate and Supreme Court decision on marriage in American history.”

Even as ADF attorneys work with the rest of the ProtectMarriage.com legal team to prepare an appeal, we invite you to play a vital role in this effort by going to TellADF.org/marriage right now and signing a special pledge affirming marriage as one man and one woman.

Then, I hope you will make plans to take an active part in the National Day to Pray for Marriage on February 26, praying with other concerned Americans coast to coast about this critical issue. We know that a day of unified, focused prayer for marriage can and will have a powerful impact on this case – and on the future of marriage – and marriages – nationwide. Please join us, and spread the word about this special day to your friends, neighbors, and fellow church members. May God bless and grant our petitions, and accomplish what only He can in the hearts of our nation’s judges.

This post originally appeared here.