Jews, Catholics, and Protestants Ask High Court to Uphold Prop 8Jan 27, 2009 A coalition of national and California religious organizations from the Jewish, Catholic, and Protestant faiths filed an amicus brief January 15, 2009, asking the California Supreme Court to uphold Proposition 8, a ballot initiative that defines marriage as a union between a man and a woman.
The Becket Fund for Religious Liberty drafted the coalition brief. It was filed in Sacramento on behalf of the California Catholic Conference, the Seventh-day Adventist Church State Council, the United States Conference of Catholic Bishops, and the Union of Orthodox Jewish Congregations in America.
The brief warns the California Supreme Court against undermining the democratic process by overturning the Nov. 4 election results.
"There are many fundamental rights and interests at stake in the debate over same-sex marriage," said Eric Rassbach, national litigation director at the Becket Fund, a Washington-based civil rights law firm dedicated to defending the rights of all religious believers. "Those rights and interests can best be balanced if the political process is allowed to continue. If the Court instead overturns Proposition 8, it sets the stage to gridlock California courts with hundreds, even thousands, of legal challenges and decades of societal rancor and legal strife."
On January 21, the parties to the case responded to the more than 60 amicus briefs filed, including the coalition's brief. All 3 of the private parties' briefs responded specifically to the coalition brief.
On May 15, 2008, California's Supreme Court ruled that gay and lesbian couples have the right to be married in California. The Proposition 8 initiative was put on the ballot prior to that decision.
On Nov. 4, 2008, 13 million Californians voted, nearly seven million in favor of defining marriage in California as only between a man and a woman. The initiative, which was opposed by organizations in favor of gay marriage, passed 52% (6.8 million) to 48% (6.2 million). Both sides spent in excess of $35 million each, making it the most expensive and controversial ballot question in California history.
Shortly after that vote, lawsuits were filed to asking the California court to overturn Proposition 8. The California Attorney General Jerry Brown has chosen not to oppose those lawsuits and has instead argued that Proposition 8 should be overturned.
The Becket Fund takes no position on whether same-sex marriage should be legally recognized. It argues, rather, that in states where same-sex marriage is recognized, governments should provide robust exemptions for those with conscientious objections to same-sex marriage.
"We have an opportunity here to reason, debate and negotiate our way to a place where the civil rights of both gays and lesbians and religious people are recognized and respected," said Mr. Rassbach. "But not if the court steps in and freezes the debate, forcing each side to assume an entrenched position."
The Washington-based Becket Fund for Religious Liberty is a nonpartisan, interfaith, public-interest law firm dedicated to protecting the free expression of all religious traditions. The Becket Fund's clients include religious institutions on both sides of the same-sex marriage debate.
To arrange an interview with a Becket Fund attorney, contact Tom Carter at 202-349-7205, or 202-538-2044 (cell) or becketfund.carter@gmail.com.
A copy of the brief is available here. Resources & Documents
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