Biblical marriage vs. CA courts: Ruling today (OneNewsNow.com)

Biblical marriage vs. CA courts: Ruling today

Jeff Johnson - OneNewsNow - 6/16/2008 4:00:00 AM

California homosexual marriage Pro-family attorneys are trying another legal route to block implementation of so-called "gay marriage" in California this evening.

The California Supreme Court has rejected appeals of its ruling that the state must issue marriage licenses to same-sex couples beginning at 5:01 p.m. (local time) today. But the Supreme Court's decision merely hands the case back down to the California Court of Appeal, which is charged with deciding how and when to implement the high court's ruling. It is that power that Matt Staver, founder and chairman of Liberty Counsel, is appealing to now.

"It should clearly be stayed because the people are going to vote in November with regards to the California marriage protection amendment. That's a matter that, in fact, we addressed before the California Supreme Court, which they denied. However, the California Court of Appeals has a separate, independent obligation to consider this matter as well," contends the attorney.

Liberty Counsel filed a petition last week with the appeals court on behalf of the Campaign for California Families, asking the court to delay issuing marriage licenses to same-sex couples for that and other reasons. "The California Supreme Court only addressed two of the many statutes regarding marriage. You can't simply address two statutes when there's [sic] literally hundreds of others, all of which reference 'men' and 'women,' 'male' and 'female,' 'husband' and 'wife,' all of which have to be addressed," Staver explains.

The Liberty Counsel chairman says failure to take matters such as that under consideration is one of the primary reasons the U.S. and state constitutions do not let judges write laws. "All of the confusion illustrates one point: judges should not be in the business of being politically active lawmakers," Staver points out.

The appeals court, according to the attorney, should stay the decision to give the legislature time to examine the hundreds of other state statutes that could come into conflict with the Supreme Court's ruling. "It's that court which is tasked with implementing the particular ruling. It's at that level we're asking, now, this court to do its job, to follow the rule of law and to stay this decision," Staver says.

Liberty Counsel's press release says this case "is far from over. We will not give up. The people will have the final say on marriage."