NOM Commends California Supreme Court Decision Granting Standing of Proposition 8 Proponents to Defend Measure in Higher Courts


FOR IMMEDIATE RELEASE: November 17, 2011
Contact: Mary Beth Hutchins (615-337-3710)

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Ruling Clears Way for Prop 8 to Eventually Head to the US Supreme Court

Washington — The National Organization for Marriage (NOM) today praised the unanimous decision of the California Supreme Court recognizing that California law gives initiative proponents the right to defend their own initiative, and predicted the ruling would speed the case to the US Supreme Court where NOM expects a victory. NOM was the largest contributor to qualifying Prop 8 to the ballot and has invested substantial funds in the defense of the initiative in court.

“It has been nothing short of shameful to see Governor Jerry Brown, his predecessor Arnold Schwarzenegger and Attorney General Kamala Harris abdicate their constitutional responsibility to defend Proposition 8 in Court,” said Brian Brown, NOM’s president. “Although today’s ruling from the California Supreme Court confirms that the proponents of Prop 8 have the right to defend their initiative when the state officials refuse to fulfill their sworn duty, it is gratifying to know that the over 7 million Californians who supported the initiative will have a vigorous defense of their decision in our federal courts.”

The decision of the California Supreme Court today now will be considered by the federal Ninth Circuit Court of Appeals, which must ultimately decide whether the right of Initiative proponents recognized under state law meets the requirement for legal standing in the federal court. While the decision of the California Supreme Court is not binding on the Ninth Circuit, it seems certain that the Ninth Circuit would not ignore the advice, having asked the California Supreme Court to address this legal question.

“With this victory in hand, it is time for the Ninth Circuit to move the Prop 8 litigation forward to its eventual decision by the US Supreme Court,” Brown said. “We fully expect the Ninth Circuit, the most overturned court in America, to invalidate Prop 8, finding some phony right to same-sex marriage in the US constitution. However, once this case gets out of San Francisco and reaches the US Supreme Court, we fully expect to be victorious.”

To schedule an interview with Brian Brown, President of the National Organization for Marriage, or John Eastman, Chairman of the Board, please contact Mary Beth Hutchins (x105), [email protected], or Elizabeth Ray (x130), [email protected], at 703-683-5004.