California’s Prop 8 Struck Down–the Supreme Court will decide it

Brethren, Peace and Good to all of you in Jesus Christ. This, according to the National Organization for Marriage:

SAN FRANCISCO, February 7, 2012—Today's ruling from the U.S. Court of Appeals for the Ninth Circuit striking down California's Proposition 8 has profound consequences for the nation. If allowed to stand, the ruling would not only strike down Proposition 8, an amendment to the California Constitution approved by 7 million voters, but also jeopardize similar amendments and statutory provisions in Alaska, Arizona, Hawaii, Idaho, Montana, Oregon, and Washington—every state within the 9th Circuit—and ultimately in 44 states across the nation.

But the ruling is just one more step toward final resolution in this case. Importantly, after months of procedural delays, today's ruling finally clears the field for an appeal to the United States Supreme Court, where we are confident we will be victorious.

Commentary. The decision by the 9th Circuit effectively federalizes marriage in the United States, taking away from the states the power to define it and regularize it. I find the 9th circuit decision flawed and unconstitutional itself. Nothing in the US Constitution gives the Federal courts to regulate marriage or to nullify popular referendums deciding state constitutional questions. Applying an “equal protection” clause to this matter is a stretch.

That the most liberal judicial circuit reached this conclusion doesn’t surprise me. But it shall not stand. Not if Federalism and checks-and-balances are to survive in the United States of America.

- Support the National Organization for Marriage