The anti-gay Alliance Defending Freedom (ADF) is going to great lengths to not only show that they are desperately anti-gay, but legal idiots. Their latest is believing the propaganda that California’s Proposition 8 is still in effect. Unfortunately for them, it is not. The ADF claims that the ruling by the US Supreme Court vacating the ruling by the Ninth District Court of Appeals means that Prop 8 is not unconstitutional.
They claim that the ruling means that the only couples affected are the two plaintiffs in the case.
In 2010, Judge Vaughn Walker ruled that “Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.”
Judge Walker then ordered as remedy to the injustice that “Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8.”
Chief Justice Tani Cantil-Sakauye, rather than laughing the case out of court, has ordered Governor Jerry Brown to respond by 8pm local time on the bid to stop the marriages. ProtectMarriage has until Monday to file their response, and additional written arguments are expected by 1 August.
In other words, someone needs to fire Chief Justice Cantil-Sakauye for being incapable of reading what is, for a legal document, quite plain English though there is hope that the court will be deciding on whether or not to halt the marriages going on rather quickly, and then hear arguments in August regarding whether or not the Walker ruling was limited to just the plaintiffs. It should be a no-brainer though given the clear language in Walker’s ruling. The ruling is not just about the plaintiffs. Walker ruled Prop 8 unconstitutional, and the Ninth and the Supreme Court upheld the ruling in the long run.
As for the ADF…perhaps they really should think about the fact that, with this maneuver, they not only look desperate, but foolish and idiotic. Oh, and completely incompetent when it comes to the Law.