Capitol Resource Institute

Group Seeks To Overturn California's Protections For LGBT Students In Case Someone Thinks They're Christie Brinkley

Religious Right activists really don’t seem to know what it means to be transgender, and we can count the California-based advocate leading the charge to repeal California’s new law protecting LGBT students among them. Karen England of the Capitol Resource Institute appeared yesterday on VCY America’s flagship radio program Crosstalk where she argued that the law will have a devastating impact on children and that parents should pull their kids out of public schools.

Her group, which launched a campaign to overturn the law, calls the non-discrimination provision an attempt by LGBT rights organizations “to use school children as a weapon in waging their culture war.”

“This word, gender identity or gender expression, it means expressing your gender whatever you feel that day,” England told VCY America host Jim Schneider. “If I feel like Christie Brinkley, the law is supposed to treat me like I’m Christie Brinkley even though I’m not. That’s what they are doing.”

After 9th Circuit Rules Proposition 8 Unconstitutional, Marriage Equality Opponents Look to the Supreme Court

The Ninth Circuit Court today upheld a lower court ruling which found Proposition 8, which overturned marriage equality in California, unconstitutional. Religious Right activists immediately denounced the ruling and used the decision to attack gays and lesbians, judges, Hollywood and San Francisco.

The National Organization for Marriage president Brian Brown emailed members with a warning that the case will end up with an “all-or-nothing showdown at the United States Supreme Court” and told members that donations are needed to deny “same-sex marriage radicals” a legal victory:

Moments ago, the United States Court of Appeals for the 9th Circuit handed down a sweeping ruling striking down California’s Proposition 8 and—for the first time ever—finding a "right" to same-sex marriage in the United States Constitution!

This sets up an all-or-nothing showdown at the United States Supreme Court.



A Supreme Court victory would preserve the marriage laws of 44 states, denying same-sex marriage radicals in their campaign to force gay marriage on the entire nation in one fell swoop. But if we lose at the Supreme Court, marriage will be jeopardized not just in California, but in all 50 states.

NOM also posted additional statements from Brown and board chairman John Eastman, who called it an “absurd ruling”:

“As sweeping and wrong-headed as this decision is, it nonetheless was as predictable as the outcome of a Harlem Globetrotters exhibition game,” said Brian Brown, NOM’s president. “We have anticipated this outcome since the moment San Francisco Judge Vaughn Walker’s first hearing in the case. Now we have the field cleared to take this issue to the US Supreme Court, where we have every confidence we will prevail.”



“Never before has a federal appeals court – or any federal court for that matter – found a right to gay marriage under the US Constitution,” said constitutional scholar John Eastman, who is chairman of NOM. “The Ninth Circuit Court of Appeals is the most overturned circuit in the country, and Judge Stephen Reinhardt, the author of today’s absurd ruling is the most overturned federal judge in America. Today’s ruling is a perfect setup for this case to be taken by the US Supreme Court, where I am confident it will be reversed. This issue is the Roe v Wade of the current generation, and I sincerely doubt the Court has the stomach for preempting the policy judgments of the states on such a contentious matter, knowing the lingering harm it caused by that ruling.”

The Alliance Defense Fund senior counsel Brian Raum dubbed the ruling a “Hollywood-orchestrated attack on marriage”:

No court should presume to redefine marriage. No court should 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 not surprised that this Hollywood-orchestrated attack on marriage–tried in San Francisco–turned out this way. But we are confident that the expressed will of the American people in favor of marriage will be upheld at the Supreme Court. Every pro-marriage American should be pleased that this case can finally go to the U.S. Supreme Court. The ProtectMarriage.com legal team’s arguments align with every other federal appellate and Supreme Court decision on marriage in American history.

Catholics for the Common Good president William May derided the court for failing to “to protect the centrality and integrity of marriage for children and society”:

"It is outrageous that judges continue to disregard the will of 7 million voters who voted to protect the centrality and integrity of marriage for children and society," May said.

Federal District Chief Judge Vaughn Walker presided over a show trial about marriage in which plaintiff's counsel trotted out witness after witness with emotional arguments in a PR attempt to re-argue Proposition 8.

"Failing to disclose that the judge himself was similarly situated as the plaintiffs (in a long-term committed relationship with a same-sex partner), Walker could find no rational reason for the voters to define marriage between a man and a woman and concluded they were bigoted and discriminatory," said May.

"To reach his judgment about the voters and his decision to strike down Prop 8, he created a new definition of marriage as merely the public recognition of a committed relationship for the benefit of adults. However, the voters of California know that marriage is much more than that. It is the reality that unites a man and a woman with each other and any children born from their union. This is what marriage is; that is what it does. It is a reality that can only be recognized by law and never changed."

Tony Perkins of the Family Research Council accused the court of “judicial tyranny” and trying to “impose San Francisco values on the entire country”:

"Today's decision was disappointing but not surprising, coming from the most liberal Circuit Court in the country. This Hollywood-funded lawsuit, which seeks to impose San Francisco values on the entire country, may eventually reach the Supreme Court. This is not about constitutional governance but the insistence of a group of activists to force their will on their fellow citizens.

"This ruling substitute's judicial tyranny for the will of the people, who in the majority of states have amended their constitutions, as California did, to preserve marriage as the union of one man and one woman.

"However, we remain confident that in the end, the Supreme Court will reject the absurd argument that the authors of our Constitution created or even implied a 'right' to homosexual 'marriage,' and will instead uphold the right of the people to govern themselves.

"Voters in 31 states have voted to uphold the historic and natural definition of marriage as the union of one man and one woman. Twenty-nine, a majority of American states, have actually inserted such a definition into the text of their state constitutions," concluded Perkins.

Focus on the Family analyst Bruce Hausknecht called the ruling “yet another instance of social engineering”:

“Opponents of Prop 8 insist on changing the definition of marriage for everyone, including children who deserve the opportunity to grow up in a home with their own married mother and father," Bruce Hausknecht, judicial analyst at Focus on the Family, said in a statement after the ruling.

“But no judge has the right to redefine marriage," he continued. "Doing so redefines parenthood, and offers yet another instance of social engineering based on the desires of adults rather than the interests of children."

Concerned Women for America CEO Penny Young Nance asserted that the judges “undermined the foundations of the family and liberty”:

Once again, the Ninth Circuit lives up to its reputation as the most overturned court in the country. Only this time, they have reached a new low. They not only showed a complete disregard for the Constitution, but also for those principles and values that gave birth to it, and for "we the people" who are supposed to be the ultimate authority.

Californians voted overwhelmingly to support the traditional definition of marriage that has been the foundation of this great nation. Our experiences have shown us, as science proves, that the best environment for children to develop as productive members of our society is in a home where there is a mother and a father who love them and each other unconditionally. Yet with a stroke of the pen these three judges have undermined the foundations of the family and liberty.

Shame on them.

We know this issue will eventually end up at the U.S. Supreme Court and we hope, for the sake of our country's future, that they will show much more respect for the Constitution, our foundations and the people who give them the right to make these rulings in the first place.

UPDATE: The Capitol Resource Institute blasted the ruling as “a stunning assault on democracy”:

"This is a stunning assault on democracy and California's initiative process," explained Karen England, Executive Director of pro-family group Capitol Resource Institute and a key leader in the passage of Proposition 8. "Well over 50% of California voters approved Proposition 8; today their will was overturned by a panel of arrogant judges who want to impose their political agenda on the rest of us."

The 9th U.S. Circuit Court of Appeals' ruling is not the end of the road for Proposition 8.

"The truth will always prevail and we are confident that the traditional-and true-definition of marriage will be upheld by the Supreme Court," stated England. "The voice of the people must be heard and respected. The future of California and American families depends upon the sanctity of traditional marriage. It's time for the courts to recognize marriages' critical role in society and protect it."

Former NOM head Maggie Gallagher, now with the Culture War Victory Fund, writes on National Review Online that the ruling represents a “breathtaking exercise in ill-natured illogic”:

In a breathtaking exercise in ill-natured illogic, a divided Ninth Circuit ruled 2–1 that because Prop 8 does not take away civil-union benefits for same-sex couples, it’s an unconstitutional exercise in irrational animus towards gay people.

Dishonestly, the court claimed it did not require any heightened scrutiny to reach this result.

Gordon Klingenschmitt said that the “Founding Fathers are turning over in their graves” as a result of the ruling:

The liberal Ninth Circuit Court of Appeals announced today that the Founding Fathers wrote homosexual 'marriage' rights into the U.S. Constitution, and overturned California's Proposition 8 traditional marriage law, which had twice been passed by voters. The Founding Fathers are turning over in their graves, since all of them believed sodomy was a crime, and certainly not a Constitutional right.

Liberty Counsel chairman Mat Staver claimed the ruling “undermines the legitimacy of the judicial system” and represents the “unraveling of the actual judiciary”:

"This is a travesty of justice and it undermines the legitimacy of the judiciary," Staver tells OneNewsNow. "When judges find that there is a constitutional right to same-sex marriage, it's absolutely absurd. This is, I think, an illustration of why the judiciary has lost the confidence of the American people."

"If you look at ideology ... pushed by this particular panel, obviously that's what this panel did: they looked at their own ideological bias, their radical positions -- not the Constitution itself. And when they did that, it undermined their own legitimacy -- and I think this is the unraveling of the actual judiciary. It is the very seeds, as Thomas Jefferson said, of tyranny."

"They're not only saying that the voters don't have the right to amend their own constitution and define marriage, they're also saying that there is a constitutional, guaranteed right to same-sex marriage in the United States Constitution itself. That's absolutely absurd. It is insane to suggest that there is such a right in the United States Constitution."

The Family Leader dubbed the court a “friend of the radical homosexual agenda” and referred to the ruling as a case of bullying:

Today's decision by the liberal 9th Circut Court, while expected, is sad and outrageous on many levels. Not least of which is "we the people" get bullied again by a few "robed masters." It's also evidence that when executives go wobbly on fighting the left's agenda and not appointing ONLY strict constructionist judges, who take the Constitution and due process seriously, we continue to lose these battles. However, the 9th Circuit's opinon is no surprise; they have been a friend of the radical homosexual agenda for years. As for us; we have only begun to and will continue to be in the fight! Join us!

Gary Bauer of American Values chided the “Circus” Court for attempting to “force its radical agenda down our throats” and “threatening religious liberty”:

The Ninth “Circus” Court of Appeals has struck again. Today, a divided three-judge panel overruled the majority of California voters and struck down Proposition 8 — the state’s constitutional amendment defining marriage as the union of one man and one woman.

The court’s majority ruled that traditional marriage “fails to advance any rational basis.” So in spite of thousands of years of recorded history, in spite of the values held by every major faith, in spite of basic biology and common sense and in spite of the will of the people, these left-wing judicial ideologues believe that normal marriage is irrational.

Here’s the bottom line: The culture war is real. The left does not intend to allow these issues to be decided by the people in their respective states. It will use the courts to force its radical agenda down our throats.

This is why it is so important for men and women of faith to be informed and active in the public policy debates of our time. These decisions are redefining our cherished values and threatening religious liberty.

After 9th Circuit Rules Proposition 8 Unconstitutional, Marriage Equality Opponents Look to the Supreme Court

The Ninth Circuit Court today upheld a lower court ruling which found Proposition 8, which overturned marriage equality in California, unconstitutional. Religious Right activists immediately denounced the ruling and used the decision to attack gays and lesbians, judges, Hollywood and San Francisco.

The National Organization for Marriage president Brian Brown emailed members with a warning that the case will end up with an “all-or-nothing showdown at the United States Supreme Court” and told members that donations are needed to deny “same-sex marriage radicals” a legal victory:

Moments ago, the United States Court of Appeals for the 9th Circuit handed down a sweeping ruling striking down California’s Proposition 8 and—for the first time ever—finding a "right" to same-sex marriage in the United States Constitution!

This sets up an all-or-nothing showdown at the United States Supreme Court.



A Supreme Court victory would preserve the marriage laws of 44 states, denying same-sex marriage radicals in their campaign to force gay marriage on the entire nation in one fell swoop. But if we lose at the Supreme Court, marriage will be jeopardized not just in California, but in all 50 states.

NOM also posted additional statements from Brown and board chairman John Eastman, who called it an “absurd ruling”:

“As sweeping and wrong-headed as this decision is, it nonetheless was as predictable as the outcome of a Harlem Globetrotters exhibition game,” said Brian Brown, NOM’s president. “We have anticipated this outcome since the moment San Francisco Judge Vaughn Walker’s first hearing in the case. Now we have the field cleared to take this issue to the US Supreme Court, where we have every confidence we will prevail.”



“Never before has a federal appeals court – or any federal court for that matter – found a right to gay marriage under the US Constitution,” said constitutional scholar John Eastman, who is chairman of NOM. “The Ninth Circuit Court of Appeals is the most overturned circuit in the country, and Judge Stephen Reinhardt, the author of today’s absurd ruling is the most overturned federal judge in America. Today’s ruling is a perfect setup for this case to be taken by the US Supreme Court, where I am confident it will be reversed. This issue is the Roe v Wade of the current generation, and I sincerely doubt the Court has the stomach for preempting the policy judgments of the states on such a contentious matter, knowing the lingering harm it caused by that ruling.”

The Alliance Defense Fund senior counsel Brian Raum dubbed the ruling a “Hollywood-orchestrated attack on marriage”:

No court should presume to redefine marriage. No court should 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 not surprised that this Hollywood-orchestrated attack on marriage–tried in San Francisco–turned out this way. But we are confident that the expressed will of the American people in favor of marriage will be upheld at the Supreme Court. Every pro-marriage American should be pleased that this case can finally go to the U.S. Supreme Court. The ProtectMarriage.com legal team’s arguments align with every other federal appellate and Supreme Court decision on marriage in American history.

Catholics for the Common Good president William May derided the court for failing to “to protect the centrality and integrity of marriage for children and society”:

"It is outrageous that judges continue to disregard the will of 7 million voters who voted to protect the centrality and integrity of marriage for children and society," May said.

Federal District Chief Judge Vaughn Walker presided over a show trial about marriage in which plaintiff's counsel trotted out witness after witness with emotional arguments in a PR attempt to re-argue Proposition 8.

"Failing to disclose that the judge himself was similarly situated as the plaintiffs (in a long-term committed relationship with a same-sex partner), Walker could find no rational reason for the voters to define marriage between a man and a woman and concluded they were bigoted and discriminatory," said May.

"To reach his judgment about the voters and his decision to strike down Prop 8, he created a new definition of marriage as merely the public recognition of a committed relationship for the benefit of adults. However, the voters of California know that marriage is much more than that. It is the reality that unites a man and a woman with each other and any children born from their union. This is what marriage is; that is what it does. It is a reality that can only be recognized by law and never changed."

Tony Perkins of the Family Research Council accused the court of “judicial tyranny” and trying to “impose San Francisco values on the entire country”:

"Today's decision was disappointing but not surprising, coming from the most liberal Circuit Court in the country. This Hollywood-funded lawsuit, which seeks to impose San Francisco values on the entire country, may eventually reach the Supreme Court. This is not about constitutional governance but the insistence of a group of activists to force their will on their fellow citizens.

"This ruling substitute's judicial tyranny for the will of the people, who in the majority of states have amended their constitutions, as California did, to preserve marriage as the union of one man and one woman.

"However, we remain confident that in the end, the Supreme Court will reject the absurd argument that the authors of our Constitution created or even implied a 'right' to homosexual 'marriage,' and will instead uphold the right of the people to govern themselves.

"Voters in 31 states have voted to uphold the historic and natural definition of marriage as the union of one man and one woman. Twenty-nine, a majority of American states, have actually inserted such a definition into the text of their state constitutions," concluded Perkins.

Focus on the Family analyst Bruce Hausknecht called the ruling “yet another instance of social engineering”:

“Opponents of Prop 8 insist on changing the definition of marriage for everyone, including children who deserve the opportunity to grow up in a home with their own married mother and father," Bruce Hausknecht, judicial analyst at Focus on the Family, said in a statement after the ruling.

“But no judge has the right to redefine marriage," he continued. "Doing so redefines parenthood, and offers yet another instance of social engineering based on the desires of adults rather than the interests of children."

Concerned Women for America CEO Penny Young Nance asserted that the judges “undermined the foundations of the family and liberty”:

Once again, the Ninth Circuit lives up to its reputation as the most overturned court in the country. Only this time, they have reached a new low. They not only showed a complete disregard for the Constitution, but also for those principles and values that gave birth to it, and for "we the people" who are supposed to be the ultimate authority.

Californians voted overwhelmingly to support the traditional definition of marriage that has been the foundation of this great nation. Our experiences have shown us, as science proves, that the best environment for children to develop as productive members of our society is in a home where there is a mother and a father who love them and each other unconditionally. Yet with a stroke of the pen these three judges have undermined the foundations of the family and liberty.

Shame on them.

We know this issue will eventually end up at the U.S. Supreme Court and we hope, for the sake of our country's future, that they will show much more respect for the Constitution, our foundations and the people who give them the right to make these rulings in the first place.

UPDATE: The Capitol Resource Institute blasted the ruling as “a stunning assault on democracy”:

"This is a stunning assault on democracy and California's initiative process," explained Karen England, Executive Director of pro-family group Capitol Resource Institute and a key leader in the passage of Proposition 8. "Well over 50% of California voters approved Proposition 8; today their will was overturned by a panel of arrogant judges who want to impose their political agenda on the rest of us."

The 9th U.S. Circuit Court of Appeals' ruling is not the end of the road for Proposition 8.

"The truth will always prevail and we are confident that the traditional-and true-definition of marriage will be upheld by the Supreme Court," stated England. "The voice of the people must be heard and respected. The future of California and American families depends upon the sanctity of traditional marriage. It's time for the courts to recognize marriages' critical role in society and protect it."

Former NOM head Maggie Gallagher, now with the Culture War Victory Fund, writes on National Review Online that the ruling represents a “breathtaking exercise in ill-natured illogic”:

In a breathtaking exercise in ill-natured illogic, a divided Ninth Circuit ruled 2–1 that because Prop 8 does not take away civil-union benefits for same-sex couples, it’s an unconstitutional exercise in irrational animus towards gay people.

Dishonestly, the court claimed it did not require any heightened scrutiny to reach this result.

Gordon Klingenschmitt said that the “Founding Fathers are turning over in their graves” as a result of the ruling:

The liberal Ninth Circuit Court of Appeals announced today that the Founding Fathers wrote homosexual 'marriage' rights into the U.S. Constitution, and overturned California's Proposition 8 traditional marriage law, which had twice been passed by voters. The Founding Fathers are turning over in their graves, since all of them believed sodomy was a crime, and certainly not a Constitutional right.

Liberty Counsel chairman Mat Staver claimed the ruling “undermines the legitimacy of the judicial system” and represents the “unraveling of the actual judiciary”:

"This is a travesty of justice and it undermines the legitimacy of the judiciary," Staver tells OneNewsNow. "When judges find that there is a constitutional right to same-sex marriage, it's absolutely absurd. This is, I think, an illustration of why the judiciary has lost the confidence of the American people."

"If you look at ideology ... pushed by this particular panel, obviously that's what this panel did: they looked at their own ideological bias, their radical positions -- not the Constitution itself. And when they did that, it undermined their own legitimacy -- and I think this is the unraveling of the actual judiciary. It is the very seeds, as Thomas Jefferson said, of tyranny."

"They're not only saying that the voters don't have the right to amend their own constitution and define marriage, they're also saying that there is a constitutional, guaranteed right to same-sex marriage in the United States Constitution itself. That's absolutely absurd. It is insane to suggest that there is such a right in the United States Constitution."

The Family Leader dubbed the court a “friend of the radical homosexual agenda” and referred to the ruling as a case of bullying:

Today's decision by the liberal 9th Circut Court, while expected, is sad and outrageous on many levels. Not least of which is "we the people" get bullied again by a few "robed masters." It's also evidence that when executives go wobbly on fighting the left's agenda and not appointing ONLY strict constructionist judges, who take the Constitution and due process seriously, we continue to lose these battles. However, the 9th Circuit's opinon is no surprise; they have been a friend of the radical homosexual agenda for years. As for us; we have only begun to and will continue to be in the fight! Join us!

Gary Bauer of American Values chided the “Circus” Court for attempting to “force its radical agenda down our throats” and “threatening religious liberty”:

The Ninth “Circus” Court of Appeals has struck again. Today, a divided three-judge panel overruled the majority of California voters and struck down Proposition 8 — the state’s constitutional amendment defining marriage as the union of one man and one woman.

The court’s majority ruled that traditional marriage “fails to advance any rational basis.” So in spite of thousands of years of recorded history, in spite of the values held by every major faith, in spite of basic biology and common sense and in spite of the will of the people, these left-wing judicial ideologues believe that normal marriage is irrational.

Here’s the bottom line: The culture war is real. The left does not intend to allow these issues to be decided by the people in their respective states. It will use the courts to force its radical agenda down our throats.

This is why it is so important for men and women of faith to be informed and active in the public policy debates of our time. These decisions are redefining our cherished values and threatening religious liberty.

Right Wing Reactions to Prop 8 Decision

I'll be updating this post as more statements are released reacting to the decision to oveturn Prop 8, but Focus on the Family is out with the first statement blasting the ruling (if you don't count Harry Jackson, who Tweeted a statement hours ago):

“Judge Walker’s ruling raises a shocking notion that a single federal judge can nullify the votes of more than 7 million California voters, binding Supreme Court precedent, and several millennia-worth of evidence that children need both a mom and a dad.

“During these legal proceedings, the millions of California residents who supported Prop 8 have been wrongfully accused of being bigots and haters. Nothing could be further from the truth. Rather, they are concerned citizens, moms and dads who simply wanted to restore to California the long-standing understanding that marriage is between one woman and one man – a common-sense position that was taken away by the actions of another out-of-control state court in May 2008.

“Fortunately for them, who make up the majority of Californians, this disturbing decision is not the last word.

“We fully expect the judge’s decision to be overturned upon appeal. The redeeming feature of our judicial system is that one judge who ignores the law and the evidence must ultimately endure the review and reversal of his actions from the appellate courts.

“We do want Americans to understand the seriousness of this decision, however. If this judge’s decision is not overturned, it will most likely force all 50 states to recognize same-sex marriage. This would be a profound and fundamental change to the social and legal fabric of this country.

“Our Founders intended such radical changes to come from the people, not from activist judges. Alexander Hamilton, in advocating for the ratification of our Constitution in 1788, argued that the judiciary would be ‘the least dangerous’ branch of government. Today’s decision shows how far we have come from that original understanding.”

Randy Thomasson and Save California:

"Natural marriage, voter rights, the Constitution, and our republic called the United States of America have all been dealt a terrible blow. Judge Walker has ignored the written words of the Constitution, which he swore to support and defend and be impartially faithful to, and has instead imposed his own homosexual agenda upon the voters, the parents, and the children of California. This is a blatantly unconstitutional ruling because marriage isn't in the U.S. Constitution. The Constitution guarantees that state policies be by the people, not by the judges, and also supports states' rights, thus making marriage a state jurisdiction. It is high time for the oath of office to be updated to require judicial nominees to swear to judge only according to the written words of the Constitution and the original, documented intent of its framers. As a Californian and an American, I am angry that this biased homosexual judge, in step with other judicial activists, has trampled the written Constitution, grossly misused his authority, and imposed his own agenda, which the Constitution does not allow and which both the people of California and California state authorities should by no means respect."

Concerned Women for America:

Wendy Wright, President of Concerned Women for America (CWA), said:

“Judge Walker’s decision goes far beyond homosexual ‘marriage’ to strike at the heart of our representative democracy. Judge Walker has declared, in effect, that his opinion is supreme and ‘We the People’ are no longer free to govern ourselves. The ruling should be appealed and overturned immediately.

“Marriage is not a political toy. It is too important to treat as a means for already powerful people to gain preferred status or acceptance. Marriage between one man and one woman undergirds a stable society and cannot be replaced by any other living arrangement.

“Citizens of California voted to uphold marriage because they understood the sacred nature of marriage and that homosexual activists use same-sex ‘marriage’ as a political juggernaut to indoctrinate young children in schools to reject their parent’s values and to harass, sue and punish people who disagree.

“CWA stands in prayer for our nation as we continue to defend marriage as the holy union God created between one man and one woman.”

CWA of California State Director Phyllis Nemeth said:

“Today Judge Vaughn Walker has chosen to side with political activism over the will of the people. His ruling is slap in the face to the more than seven million Californians who voted to uphold the definition of marriage as it has been understood for millennia.

“While Judge Walker’s decision is disappointing it is not the end of this battle. Far from it. The broad coalition of support for Proposition 8 remains strong, and we will support the appeal by ProtectMarriage.com, the official proponent of Proposition 8.

“We are confident that Judge Walker’s decision will ultimately be reversed. No combination of judicial gymnastics can negate the basic truth that marriage unites the complementary physical and emotional characteristics of a man and a woman to create a oneness that forms the basis for the family unit allowing a child to be raised by his or her father and mother. Any other combination is a counterfeit that fails to provide the best environment for healthy child rearing and a secure foundation for the family. It is this foundation upon which society is – and must be – built for a healthy and sustained existence.”

Family Research Council:

FRC President Tony Perkins released the following statement:

"This lawsuit, should it be upheld on appeal and in the Supreme Court, would become the 'Roe v. Wade' of same-sex 'marriage,' overturning the marriage laws of 45 states. As with abortion, the Supreme Court's involvement would only make the issue more volatile. It's time for the far Left to stop insisting that judges redefine our most fundamental social institution and using liberal courts to obtain a political goal they cannot obtain at the ballot box.

"Marriage is recognized as a public institution, rather than a purely private one, because of its role in bringing together men and women for the reproduction of the human race and keeping them together to raise the children produced by their union. The fact that homosexuals prefer not to enter into marriages as historically defined does not give them a right to change the definition of what a 'marriage' is.

"Marriage as the union between one man and one woman has been the universally-recognized understanding of marriage not only since America's founding but for millennia. To hold that the Founders created a constitutional right that none of them could even have conceived of is, quite simply, wrong.

"FRC has always fought to protect marriage in America and will continue to do so by working with our allies to appeal this dangerous decision. Even if this decision is upheld by the Ninth Circuit Court of Appeals-the most liberal appeals court in America-Family Research Council is confident that we can help win this case before the U.S. Supreme Court."

Liberty Counsel:

Although Liberty Counsel has defended the marriage laws in California since the battle began in 2004, the Alliance Defense Fund, representing the Prop 8 initiative, opposed Liberty Counsel’s attempt to intervene on behalf of Campaign for California Families. The California Attorney General did not oppose Liberty Counsel’s intervention, but ADF did. Liberty Counsel sought to provide additional defense to Prop 8 because of concern that the case was not being adequately defended. After ADF actively opposed Liberty Counsel, ADF presented only two witnesses at trial, following the 15 witnesses presented by those who challenged the amendment. Even Judge Walker commented that he was concerned by the lack of evidence presented by ADF on behalf of Prop 8. Liberty Counsel will file an amicus brief at the court of appeals in defense of Prop 8.

The California Supreme Court previously stated, “The right of initiative is precious to the people and is one which the courts are zealous to preserve to the fullest tenable measure of spirit as well as letter.” Moreover, the U.S. Constitution cannot be stretched to include a right to same-sex marriage.

Except for this case, since Liberty Counsel was excluded by ADF, Liberty Counsel has represented the Campaign for California Families to defend the state’s marriage laws since 2004 and has argued at the trial, appellate and state Supreme Court levels.

Mary McAlister, Senior Litigation Counsel for Liberty Counsel, commented: “This is a classic case of judicial activism. The Constitution is unrecognizable in this opinion. This is simply the whim of one judge. It does not reflect the Constitution, the rule of law, or the will of the people. I am confident this decision will be overturned.”

Alliance Defense Fund:

“In America, we should respect and uphold the right of a free people to make policy choices through the democratic process--especially ones that do nothing more than uphold the definition of marriage that has existed since the foundation of the country and beyond,” said ADF Senior Counsel Brian Raum.

“We will certainly appeal this disappointing decision. Its impact could be devastating to marriage and the democratic process,” Raum said. “It’s not radical for more than 7 million Californians to protect marriage as they’ve always known it. What would be radical would be to allow a handful of activists to gut the core of the American democratic system and, in addition, force the entire country to accept a system that intentionally denies children the mom and the dad they deserve.”

...

“The majority of California voters simply wished to preserve the historic definition of marriage. The other side’s attack upon their good will and motives is lamentable and preposterous,” Raum said. “Imagine what would happen if every state constitutional amendment could be eliminated by small groups of wealthy activists who malign the intent of the people. It would no longer be America, but a tyranny of elitists.”

“What’s at stake here is bigger than California,” Pugno added. “Americans in numerous states have affirmed--and should be allowed to continue to affirm--a natural and historic public policy position like this. We are prepared to fight all the way to the U.S. Supreme Court if necessary.”

Capitol Resource Institute:

"Today's ruling is indicative of an out-of-control judiciary willing to circumvent California's direct democracy by imposing their point of view," said Karen England Executive Director of Capitol Resource Institute (CRI). "Family values are under constant assault now more then ever. CRI was instrumental in passing proposition 22 in 2000 and we fought to get proposition 8 on the ballot and subsequently in California's Constitution. We will continue to battle interest groups who wish to redefine one of our oldest institutions; the institution of marriage. We will continue to represent the 7 million Californians who took to the polls in favor of marriage."

American Family Association:

“This is a tyrannical, abusive and utterly unconstitutional display of judicial arrogance. Judge Walker has turned ‘We the People’ into ‘I the Judge.’

“It’s inexcusable for him to deprive the citizens of California of their right to govern themselves, and cavalierly trash the will of over seven million voters. This case never should even have entered his courtroom. The federal constitution nowhere establishes marriage policy, which means under the 10th Amendment that issue is reserved for the states.

“It’s also extremely problematic that Judge Walker is a practicing homosexual himself. He should have recused himself from this case, because his judgment is clearly compromised by his own sexual proclivity. The fundamental issue here is whether homosexual conduct, with all its physical and psychological risks, should be promoted and endorsed by society. That’s why the people and elected officials accountable to the people should be setting marriage policy, not a black-robed tyrant whose own lifestyle choices make it impossible to believe he could be impartial.

“His situation is no different than a judge who owns a porn studio being asked to rule on an anti-pornography statute. He’d have to recuse himself on conflict of interest grounds, and Judge Walker should have done that.

“The Constitution says judges hold office ‘during good Behavior.’ Well, this ruling is bad behavior - in fact, it’s very, very bad behavior - and we call on all members of the House of Representatives who respect the Constitution to launch impeachment proceedings against this judge.”

Traditional Values Coalition:

"It is an outrage that one arrogant and rogue federal judge can take it upon himself to overturn a centuries old definition of marriage and family," said Rev. Lou Sheldon, chairman and founder of Traditional Values Coalition (TVC). "On November 4, 2008, 7 million voters of California cemented into the state constitution a definition of marriage for one man and one woman only. Now with US District Court Judge Vaughn Walker's ruling today he has completely undermined the expressed will of voters at the ballot box. Direct Democracy has been blatantly attacked today."

"First it was the California Supreme Court's decision in 2008 to overturn Prop 22 and force the people of California to accept homosexual marriages. Well, the people adamantly rejected their ruling and homosexual marriages and they passed Prop 8, which was designed to forever tie the hands of judges from redefining marriage. Now one judge has yet again slapped the people in the face, even though the state constitution now clearly tells them what marriage means; we spelled it out for them in black and white," Sheldon added. "This is a blatant sign of judicial activism and lack of judicial restraint."

Sheldon added: "There is more at stake than just traditional marriage and the centuries long definition of the family. This ruling seriously undermines the expressed vote and will of the people on initiatives and proposed amendments they approve at the ballot box. This judge's ruling says that any vote of the people will have no weight, credence, sovereignty, value or worth at all. On appeal, the courts will either realize their limits and not undermine the constitutional power of the vote, or they will continue to demonstrate the most blatant arrogance and impose judicial tyranny by declaring that they alone, and not the people, have the ultimate final say on all matters of the state. Democracy, the constitution and the people would be beneath them."

TVC state lobbyist Benjamin Lopez, who was publicly credited by homosexual State Senator Mark Leno for the defeat of his proposed homosexual marriage bill in 2005, echoed Sheldon's statements:

"The issue at hand now is whether the will of 7 million voters outweighs that of either 7 Supreme Court justices or any one judge anywhere in the state. Homosexual marriage advocates may kick and scream the loudest demanding that Prop 8 be struck down, but they should be drowned out by the deafening voice of 7 million Californians who settled this issue not once, but twice already. We are hear because homosexual radicals continue to act like immature children who throw tantrums when they do not get their way."

"Same-sex marriage supporters repeatedly beat the drum of civil rights to equate their cause to the legitimate struggles of minority groups and say the public is on their side. Yet not even in 'liberal' California have they won over the people so they must resort to sympathetic, liberal black-robed activists who sit on the bench to force same-sex marriage on the people.

"If folks think that the Tea Party movement is a force to be reckoned with now, wait until the silent majority of pro-family voters flex their political muscle once again. Judges beware, you will go the way of Rose Bird, stripped of their robes and kicked off the bench," Lopez added.

The battle of same-sex marriage began in March 2000 when California voters overwhelmingly passed Proposition 22. It stated: "Only marriage between a man and a woman is valid or recognized in California." Homosexual marriage advocates challenged Prop 22 in court and in March 2005, San Francisco Superior Court Judge Richard Kramer struck it down ruling it in violation of the equal protection clause. Kramer's ruling was then challenged all the way to the California Supreme Court. In early 2008 the high court upheld Kramer's ruling allowing homosexual marriages to take place. Voters passed Prop 8 in November 2008 cementing Prop 22's language into the state constitution. After challenges to Prop 8 reached the state supreme court, the justices upheld Prop 8 and allowed for some 18,000 same-sex marriages to stand. The current ruling by Judge Walker was the result of a challenge to the California Supreme Court's ruling.

Richard Land:

 “This is a grievously serious crisis in how the American people will choose to be governed. The people of our most populous state—a state broadly indicative of the nation at large demographically—voted to define marriage as being between one man and one woman, thus excluding same-sex and polygamous relationships from being defined as marriage. 

“Now, an unelected federal judge has chosen to override the will of the people of California and to redefine an institution the federal government did not create and that predates the founding of America. Indeed, ‘marriage’ goes back to the Garden of Eden, where God defined His institution of marriage as being between one man and one woman.

“This case will clearly make its way to the 9th Circuit Court of Appeals and then to the Supreme Court of the United States, where unfortunately, the outcome is far from certain. There are clearly four votes who will disagree with this judge—Roberts, Thomas, Scalia, and Alito. The supreme question is: Will there be a fifth? Having surveyed Justice Kennedy’s record on this issue, I have no confidence that he will uphold the will of the people of California.

“If and when the Supreme Court agrees with the lower court, then the American people will have to decide whether they will insist on continuing to have a government of the people, by the people and for the people, or whether they’re going to live under the serfdom of government by the judges, of the judges and for the judges. Our forefathers have given us a method to express our ultimate will. It’s called an amendment to the Constitution. If the Supreme Court fails to uphold the will of the people of California—if we are going to have our form of government altered by judicial fiat—then the only alternative left to us is to pass a constitutional amendment defining marriage as being between one man and one woman.

“Many senators who voted against the federal marriage amendment the last time it came up said publicly if a federal court interfered with a state’s right to determine this issue, they would then be willing to vote for a federal marriage amendment. Ladies and gentlemen, prepare to vote.

“Despite egregious court rulings like this one, there is nonetheless an unprecedented effort going on across the nation of Christians uniting for sustained prayer, for revival, awakening and deliverance. I encourage everyone to join me in this effort and go to 4040prayer.com for more information.” 

National Organization for Marriage:

"Big surprise! We expected nothing different from Judge Vaughn Walker, after the biased way he conducted this trial," said Brian Brown, President of NOM. "With a stroke of his pen, Judge Walker has overruled the votes and values of 7 million Californians who voted for marriage as one man and one woman. This ruling, if allowed to stand, threatens not only Prop 8 in California but the laws in 45 other states that define marriage as one man and one woman."

"Never in the history of America has a federal judge ruled that there is a federal constitutional right to same sex marriage. The reason for this is simple - there isn't!" added Brown.

"The 'trial' in San Francisco in the Perry v. Schwarzenegger case is a unique, and disturbing, episode in American jurisprudence. Here we have an openly gay (according to the San Francisco Chronicle) federal judge substituting his views for those of the American people and of our Founding Fathers who I promise you would be shocked by courts that imagine they have the right to put gay marriage in our Constitution. We call on the Supreme Court and Congress to protect the people's right to vote for marriage," stated Maggie Gallagher, Chairman of the Board of NOM.

"Gay marriage groups like the Human Rights Campaign, Freedom to Marry, and Equality California will, no doubt, be congratulating themselves over this "victory" today in San Francisco. However, even they know that Judge Walker's decision is only temporary. For the past 20 years, gay marriage groups have fought to avoid cases filed in federal court for one good reason - they will eventually lose. But these groups do not have control of the Schwarzenegger v. Perry case, which is being litigated by two egomaniacal lawyers (Ted Olson and David Boies). So while they congratulate themselves over their victory before their home-town judge today, let's not lose sight of the fact that this case is headed for the U.S. Supreme Court, where the right of states to define marriage as being between one man and one woman will be affirmed--and if the Supreme Court fails, Congress has the final say. The rights of millions of voters in states from Wisconsin to Florida, from Maine to California, are at stake in this ruling; NOM is confident that the Supreme Court will affirm the basic civil rights of millions of American voters to define marriage as one man and one woman," noted Gallagher.

Robert George - American Principles Project:

“Another flagrant and inexcusable exercise of ‘raw judicial power’ threatens to enflame and prolong the culture war ignited by the courts in the 1973 case of Roe v. Wade,” said Dr. Robert P. George, Founder of the American Principles Project. “In striking down California’s conjugal marriage law, Judge Walker has arrogated to himself a decision of profound social importance—the definition and meaning of marriage itself—that is left by the Constitution to the people and their elected representatives.”

“As a decision lacking any warrant in the text, logic, structure, or original understanding of the Constitution, it abuses and dishonors the very charter in whose name Judge Walker declares to be acting. This usurpation of democratic authority must not be permitted to stand.”

Judge Walker’s decision in Perry v. Schwarzenegger seeks to invalidate California Proposition 8, which by vote of the people of California restored the conjugal conception of marriage as the union of husband and wife after California courts had re-defined marriage to include same-sex partnerships.

“The claim that this case is about equal protection or discrimination is simply false,” George said. “It is about the nature of marriage as an institution that serves the interests of children—and society as a whole—by uniting men and women in a relationship whose meaning is shaped by its wonderful and, indeed, unique aptness for the begetting and rearing of children.

“We are talking about the right to define what marriage is, not about who can or cannot take part. Under our Constitution the definition and meaning of marriage is a decision left in the hands of the people, not given to that small fraction of the population who happen to be judges.”

“Judge Walker has abandoned his role as an impartial umpire and jumped into the competition between those who believe in marriage as the union of husband and wife and those who seek to advance still further the ideology of the sexual revolution. Were his decision to stand, it would ensure additional decades of social dissension and polarization. Pro-marriage Americans are not going to yield to sexual revolutionary ideology or to judges who abandon their impartiality to advance it. We will work as hard as we can for as long as it takes to defend the institution of marriage and to restore the principle of democratic self-government,” concluded Dr. George.

Newt Gingrich:

"Judge Walker's ruling overturning Prop 8 is an outrageous disrespect for our Constitution and for the majority of people of the United States who believe marriage is the union of husband and wife. In every state of the union from California to Maine to Georgia, where the people have had a chance to vote they've affirmed that marriage is the union of one man and one woman. Congress now has the responsibility to act immediately to reaffirm marriage as a union of one man and one woman as our national policy. Today’s notorious decision also underscores the importance of the Senate vote tomorrow on the nomination of Elena Kagan to the Supreme Court because judges who oppose the American people are a growing threat to our society.”

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Capitol Resource Institute Posts Archive

Brian Tashman, Wednesday 09/04/2013, 1:00pm
Religious Right activists really don’t seem to know what it means to be transgender, and we can count the California-based advocate leading the charge to repeal California’s new law protecting LGBT students among them. Karen England of the Capitol Resource Institute appeared yesterday on VCY America’s flagship radio program Crosstalk where she argued that the law will have a devastating impact on children and that parents should pull their kids out of public schools. Her group, which launched a campaign to overturn the law, calls the non-discrimination provision an attempt... MORE >
Brian Tashman, Tuesday 02/07/2012, 3:10pm
The Ninth Circuit Court today upheld a lower court ruling which found Proposition 8, which overturned marriage equality in California, unconstitutional. Religious Right activists immediately denounced the ruling and used the decision to attack gays and lesbians, judges, Hollywood and San Francisco. The National Organization for Marriage president Brian Brown emailed members with a warning that the case will end up with an “all-or-nothing showdown at the United States Supreme Court” and told members that donations are needed to deny “same-sex marriage radicals” a legal... MORE >
Brian Tashman, Tuesday 02/07/2012, 3:10pm
The Ninth Circuit Court today upheld a lower court ruling which found Proposition 8, which overturned marriage equality in California, unconstitutional. Religious Right activists immediately denounced the ruling and used the decision to attack gays and lesbians, judges, Hollywood and San Francisco. The National Organization for Marriage president Brian Brown emailed members with a warning that the case will end up with an “all-or-nothing showdown at the United States Supreme Court” and told members that donations are needed to deny “same-sex marriage radicals” a legal... MORE >
Kyle Mantyla, Wednesday 08/04/2010, 5:01pm
I'll be updating this post as more statements are released reacting to the decision to oveturn Prop 8, but Focus on the Family is out with the first statement blasting the ruling (if you don't count Harry Jackson, who Tweeted a statement hours ago): “Judge Walker’s ruling raises a shocking notion that a single federal judge can nullify the votes of more than 7 million California voters, binding Supreme Court precedent, and several millennia-worth of evidence that children need both a mom and a dad. “During these legal proceedings, the millions of California residents who... MORE >