Monday, July 15, 2013

ADF: 'The sky is green, the oceans are red and the moon is made of low fat cottage cheese'

Alliance Defending Freedom is still trying to wish away the Proposition 8 rulings.

Be assured that no state court can or will defy a federal court. Judicial supremacy is a long established constitutional principle. Nevertheless, this is good. Let ADF chase their tail all over California in vain. I hope that they spend lots of money doing so.

Oh the injustice and tyranny! Ugh! According to ADF:
Despite what you might have heard over the past couple of weeks, the U.S. Supreme Court’s ruling on June 26 that the supporters of Prop 8 did not have the legal right to defend California’s marriage law in federal court did not impact the validity of the marriage law over 7 million Californians voted to enact.

The only direct effect that the Court’s decision has on marriage in California is to permit the four plaintiffs in that case, and them alone, to seek and receive marriage licenses.  The district court’s ruling extends no further than to these four individuals.
A federal court has ruled that Proposition 8 was unconstitutional (oh, that dastardly homosexual judge).  The Ninth Circuit Court of Appeals reached the same conclusion. The United States Supreme Court has ruled that plaintiffs did not have standing to appeal the district court decision. They could not demonstrate how they would be harmed. This is not all that complicated. The ruling of the trial court is sustained. Proposition 8 is history.

What ADF is suggesting is that, since the original litigants did not file a class action, the ruling only pertains to the four of them. Nonsense. Proposition 8 was deemed unconstitutional. Period. The end. It's not unconstitutional for some and constitutional for others.

As for the 7 million voters, it is irrelevant. It would be unconstitutional with 14 million voters. 

It gets better:
So what does this mean for the rest of the State?  It means that Prop 8 remains the law of the land in California.  It also means that Attorney General Kamela Harris’s and other public officials’ attempts to invalidate Prop 8 lack any legitimate legal authority.
I only hope that these nitwits are sanctioned and have to pay all of the court costs.
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