FRC Praises 9th Circuit Court for Keeping Marriage Law in Place While Considering Appeal

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Mar 23, 2011, 05:17 ET

WASHINGTON, March 23, 2011 /PRNewswire-USNewswire/ -- Family Research Council (FRC) praised the Ninth Circuit Court of Appeals for today denying a motion which would have forced California to immediately resume same-sex "marriages" while the court considers a case challenging Proposition 8, the state constitutional amendment which defines marriage as a union of one man and one woman.

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The Ninth Circuit had stayed District Court Judge Vaughn Walker's ruling overturning Proposition 8 while it considers an appeal of that ruling. The plaintiffs' motion to vacate the stay of Walker's opinion was filed less than two hours after Attorney General Eric Holder announced that the Department of Justice would no longer defend the federal Defense of Marriage Act in court. By this act, the Obama Administration abdicated its constitutional responsibility to protect laws enacted by Congress from constitutional challenges. Due to the suspicious timing and what might appear to be collusion between the Obama DOJ and marriage opponents in California, FRC filed a Freedom of Information Act request over the issue.

Of the Ninth Circuit's decision, FRC President Tony Perkins made the following comments:

"The Ninth Circuit's decision to keep California's marriage law in place as the case progresses shows that, unlike the current administration, it respects the rule of law. Even the liberal Ninth Circuit recognized that it would be wrong to suspend enforcement of a state's constitution on an interim basis, and they should be applauded for their decision.

"Federal Judge Vaughn Walker's attempts to legislate from the bench in California have been blocked at present, and Americans nationwide should hope that his attempts fail. When a judge substitutes his personal views for the will of the people as expressed in their constitution, it poses a serious threat to the rule of law and to a democratic system of government.

"Ultimately, we are confident that the courts will recognize marriage, as correctly defined, has never violated any constitutional provision," concluded Perkins.

To read FRC's FOIA request letter, click here.

SOURCE Family Research Council