California Court Denies Stay

Special Report - June 6, 2008
On June 4, the California Supreme Court denied a request to delay implementation of its May 15 ruling that legalized same-sex marriage in the state. The Court specified in the order that the decision will take effect on June 16. Several pro-marriage organizations, joined by attorneys general from 11 states, had petitioned the court to stay its decision until November, when Californians will vote on an amendment to the state constitution defining marriage as “between a man and a woman.” The plaintiffs argued in their petition that if voters approve the marriage amendment in November, any same-sex marriage licenses issued between now and then would be worthless. The court unanimously denied the request to stay its decision, and ruled 4 to 3 against a separate motion to rehear the case.

“The court has not only ignored the will of the people of California, it has imposed years of legal chaos quite possibly on the entire nation,” said Glen Lavy, senior counsel for the Alliance Defense Fund, one of the pro-family groups involved in the case. “Voters should take note now: same-sex couples who plan on obtaining ‘marriage’ licenses between now and November do so fully knowing that the amendment vote is going to happen; therefore, activists are simply attempting to play upon voter sympathy.”

On June 2, California’s Secretary of State certified a measure, signed by over one million Californians, to put the state marriage amendment on the ballot in November. According to the National Conference of State Legislatures, 26 states have amended their constitutions to define marriage as between a man and a woman. Floridians will vote on a state marriage amendment this November.

Other than Florida, North Carolina is the only state in the southeastern U.S. without a state marriage amendment. Senate Bill 1608—Defense of Marriage, which would give North Carolinians the chance to vote on a marriage amendment to the State Constitution, has been introduced in the 2008 legislative session. Similar bills have been introduced for the past four years, but have all died in the General Assembly.

Copyright © 2008. North Carolina Family Policy Council. All rights reserved.