A federal court Thursday threw out a legal challenge filed against California’s constitutional amendment that defines marriage as the union of one man and one woman.
In December 2008, two men filed a lawsuit claiming that the California marriage amendment, which voters passed as Proposition 8 in last November’s election, violates the U.S. Constitution. The two men obtained a “marriage” license in California during the short window of time in which such licenses were allowed to be issued to members of the same sex.
In its order dismissing the two men’s challenge to the amendment, the court pointed out that the two men’s “marriage” license remains valid, as the California Supreme Court recently ruled that licenses obtained before Prop 8 was passed, under a former Supreme Court ruling that temporarily allowed same-sex “marriage,” would not be nullified.
“As Plaintiffs’ marriage is valid within California, they cannot present an injury with respect to the recognition of their marriage by the State of California…and, therefore, they do not have standing to pursue their claims against the State of California,” wrote the court
The court will hear arguments on Aug. 3 concerning the lawsuit’s remaining claims which challenge the federal Defense of Marriage Act.
“The people of California want marriage to remain as the union between one man and one woman; they made their voice clear last November at the polls,” said Alliance Defense Fund Senior Counsel Brian Raum. Alliance Defense Fund attorneys represented ProtectMarriage.com, the official proponent and campaign committee of Proposition 8, which was allowed to intervene as a defendant in the lawsuit in May.
“We are pleased that the court dismissed the challenge to Proposition 8, which asked the court to nullify the voices of more than 7 million California voters.”
IMPORTANT NOTICE TO OUR READERS
Catholic Exchange is free—but it is not free to produce. Advertising revenue covers only a fraction of the cost to generate reliably Catholic commentary and news, inspiring videos, a selection of the best Catholic blogs, and daily meditations and prayers.
To give us the strength and stability we need, Catholic Exchange is turning to you—our loyal reader—and asking you to become a monthly contributor.
Whether you can give $5 or $25, $50 or $100 each month, please leave something behind so we can continue—and strengthen—this important apostolate.
We are deeply grateful for one-time gifts, but we encourage you to choose “Monthly” on the drop-down menu. Your support will ensure that Catholic Exchange will be here during this most critical moment for the Church and America.