Alliance Defense Fund
15333 N. Pima Road Suite 165
Scottsdale, AZ 85260 (480)444-0020
alansears@alliancedefensefund.org
Special News
Alert
February 20, 2004
FROM: Alan Sears, President
San Francisco Update: The
Battle
Rages On…
What a week! The battlefield in
San Francisco
seems to change hourly as the mayor of
San Francisco
continues to defy state law and allow same-sex “marriages.” Many of you
have asked us to put all that has happened in context so you can understand
all that is happening in the City by the Bay.
First, some background information:
In March 2000,
California
citizens voted nearly 2-1 to adopt Proposition 22 (Prop. 22),
which reaffirmed that the state will only recognize marriages between one
man and one woman. Prop. 22 was authored by state Senator Pete Knight.
Hundreds of local churches, citizen groups, public figures, and allied
ministries, such as Focus on the Family, Family Research Council, and the
Campaign for California Families (CCF)
supported the effort to pass the proposition. ADF provided legal resources
(but did not engage in political activity) for the effort.
Under
California’s
legal system, propositions take precedence over any laws enacted by the
state Assembly. The role of the court is to ensure that the full meaning of
the proposition – the will of the people – is upheld. Despite this, radical
homosexual activists and their allies immediately started a campaign to
undermine Prop. 22 – at both the state and local level. The Prop. 22 Legal
Defense and Education Fund – Prop. 22 fund for short – was created with
Senator Knight as its chairman -- to defend and enforce what had been passed
by the voters.
One of the major attacks was AB205,
signed into law by former Governor Gray Davis, just weeks before he was
removed from office by
California
voters. AB205 created what was essentially same-sex “marriage” with
virtually all of the rights and privileges of marriage – just with a
different name. ADF and its allied organizations – including the Center for
Marriage Law – worked hand in hand with the Prop. 22 fund to fight the legal
battle against AB205. From June 2003 when it became apparent that
then-Governor
Davis
was going to defy Prop. 22 and sign this legislation. In preparation for
this, ADF and its allies drafted a lawsuit against the Governor’s allegedly
illegal actions. On the night of
September 19, 2003
– when Davis joined with radical homosexual activists in the Rainbow Room of
the “Lesbian, Gay, Bisexual, and Transgender Community Center” in San
Francisco -- an ADF funded lawyer was there to distribute copies of the
lawsuit – which was filed the next working day. A few days later, an ADF
allied organization filed a second suit on slightly different grounds in
another court. Attorney General Bill Lockyer, a Democrat who was elected on
the same ballot as former Governor Davis, is presently defending AB205 in
California
court. He is arguing that it was proper for former Governor Davis and the
state legislature to undermine Prop. 22.
This leads us to what is happening in
San Francisco.
Last week, Gavin Newsom – the
mayor of
San Francisco
– announced that the city would issue “marriage” licenses to same-sex
couples. These couples could then have their “marriages” performed by
public officials. As of today, 2,900 same-sex couples have taken the mayor
up on his offer and have lined up to be “married” – just as ADF predicted
they would do once the same-sex “marriage” floodgate was opened. This is
just a precursor to what is ahead in
Massachusetts.
These marriages are in defiance of Prop. 22 and will be used by same-sex
couples to challenge state and federal Defense of Marriage Acts (DOMA) once
they return to their home state and attempt to force the state to recognize
their “marriages.”
ADF continues to stand with and support the
Prop. 22 fund – and the voters of
California
– against those who are defying state law. As a result, we have found
ourselves increasingly on the radar screen of radical homosexual activists
and their allies in the media. (My favorite story – from
England
– claimed that ADF now “runs” Campus Crusade for Christ – a surprise to both
our organizations. See
http://www.guardian.co.uk/usa/story/0,12271,1149747,00.html. These
reports have talked about two different lawsuits – one brought by the
Campaign for California Families – and one by the Center for Marriage law
working with ADF attorneys directly. The media has reported widely about
the “ups and downs” of both suits. These suits asked for different forms of
relief from different judges regarding the mayor’s actions.
As
of this morning – February 20th
– the ADF-backed Prop. 22 lawsuit still has a standing “cease and desist”
order – issued Tuesday by Judge Warren -- to the mayor and city/county of
San Francisco
with regard to issuance of marriage licenses to same-sex couples. This
means that the city was supposed to stop these “marriages” but the judge
told the city that they have until March 29th to prove why they
should be allowed to defy Prop. 22. The other lawsuit will be heard at
2 p.m.
today.
Gov. Arnold Schwarzenegger has said that
California Department of Health Services cannot accept the licenses because
they fail to meet legal standards.
Now
for the latest on the legal front:
The
city of
San Francisco
has joined with its allies – the ACLU, Lambda Legal Defense and Education
Fund, and others to do what it has promised – to find a court that will
declare Prop. 22 unconstitutional and create same-sex “marriage” in
California.
This appears to be an admission that the city needs the law to be changed to
validate the “marriage” ceremonies already performed.
The
city has also asked that all of the lawsuits – on all of the various grounds
– be consolidated into one. The line has now been drawn in the sand. A
hearing is scheduled for this afternoon on the city’s motion – and we will
let you know what happens.
It
is interesting to note that no statewide official – until today -- including
the state Attorney General (who is sworn to defend the laws of
California)
– had appeared in court to oppose the actions taken by the mayor and city of
San Francisco
and its open defiance of state law and the voters of
California.
According to the San Francisco Chronicle, Lockyer says that though he
“personally does not support [what he calls] policies that give lesser
legal rights” to same-sex couples than heterosexual couples, “…the people of
California
have spoken. State law prohibits the recognition of same-sex “marriages.”
We pray that this means his office will now vigorously defend the law
AND
Prop. 22. ADF will continue to support our
California
allies – as long as necessary – or until with God’s grace we win.
Meanwhile, this cancer continues to spread. Sandoval (New
Mexico)
County Clerk Victoria Dunlap has announced that she may start to issue
“marriage” licenses to same-sex couples. Mayor Richard Daley of
Chicago
– who calls himself a devout Catholic – stated that he would have “no
problem” with issuing “marriage” licenses to same-sex couples there – in
defiance of
Illinois’
DOMA law. Daley said:
“Some people have a
difference of opinion—that only a man and a woman can get married. But in
the long run, we have to understand what they’re saying. They love each
other just as much as everyone else.”
Cook County Clerk David Orr added:
“I’m fed up with
people being discriminated against because of their sexual
orientation…Whatever you do when it comes to challenging laws, you want it
to be effective and not knee-jerk.”
ADF and its allies are
already preparing a coordinated legal response to these other places where
the radical plan to abolish God’s plan for marriage takes root. The radical
homosexual activists and their allies are hoping that their “opposition”
will be overwhelmed and just throw up its hands and give up.
That will
not happen.
James 4:15.
We
will continue to stand strong, with God’s grace, your prayers and your
support, to oppose this radical plan to destroy traditional marriage.
The cost is too
high to pay for the future of our children – and grandchildren – if we do
not stand up to this assault.
In the meantime, we
will continue to take on the ACLU and its allies in fight after fight, court
after court, to defend the principles of religious liberty, sanctity of
life, and traditional values. I thank God for each and every one of you –
for the over seven hundred allied trained volunteer lawyers across America
who are willing, ready, and able to serve if they have the resources to do
so. Our ability to respond and to win – as God has graciously allowed us to
do (John 15:5) hundreds of times – is only possible because of your prayers
and generous support. And please pray for UNITY on the Marriage Protection
Team as time is short, people get exhausted, and the stakes are so
high…Thank you!
Alliance Defense Fund
15333 N. Pima Road Suite 165
Scottsdale, AZ 85260 (480)444-0020
alansears@alliancedefensefund.org