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Federal Court Throws Out Challenge to Prop 8

July 18, 2009

Alliance Defense Fund

Friday, July 17, 2009

SANTA ANA, Calif. — A federal court Thursday threw out a legal challenge filed against California’s constitutional amendment that defines marriage as the union of one man and one woman.  Alliance Defense Fund attorneys represent, the official proponent and campaign committee of Proposition 8, which was allowed to intervene as a defendant in the lawsuit in May.


In December 2008, two men filed a lawsuit claiming that the California marriage amendment, which voters decisively passed as Proposition 8 in last November’s election, violates the U.S. Constitution.  The two men obtained a “marriage” license in California during the short window of time in which such licenses were allowed to be issued to members of the same sex.

In its order (pdf.) dismissing the two men’s challenge to the amendment, the court wrote, “Proposition 8, as codified in Section 7.5 to Article I of the California Constitution, was recently held by the California Supreme Court to present no bar to the recognition of Plaintiffs’ marriage within California, as said marriage was performed before Proposition 8 was passed….  As Plaintiffs’ marriage is valid within California, they cannot present an injury with respect to the recognition of their marriage by the State of California…and, therefore, they do not have standing to pursue their claims against the State of California.” […]

What a colossal waste of time and tax payers money.

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