In May, the California Supreme Court nullified the will of 61 percent of California voters by striking down Proposition 22, that state’s Defense of Marriage Act (supported by 4.6 million Californians in March 2000). The activist ruling was a slim 4-3 majority. The court continued its defiant march toward same-sex “marriage” by denying a petition for stay filed by ADF attorneys – and supported by the Attorneys General of 13 states – asking that the court delay the effective date of its May 15 decision on marriage until after California voters have the opportunity to vote on a constitutional amendment this November.
Advocates of same-sex “marriage” have little regard for the voice of democracy. More than a million Californians recently signed the petition to put the California Marriage Protection Act onto the ballot in November, 2008. If the Marriage Protection Act is passed, it would trump the 4-3 court decision and establish the meaning of marriage—between one man and one woman—in the state constitution. But the radicals are back at it again:
On Friday, June 20, 2008, Equality California went back again to the California Supreme Court, filing a lawsuit to stop Californians from voting on the Marriage Protection Act in November. The lawsuit appears to have practically no legal merit—its an act of desperation. ADF and its allies are more than prepared to vigorously defend against every such attempt to stop California voters from voting for the Marriage Protection Act in November.
Remember, this is not solely about marriage. It is our religious freedom that, ultimately, is at stake. Protecting marriage as the union between one man and one woman protects us all from surrendering our religious freedom. Advocates of homosexual behavior repeatedly say they only want “equal rights” and will not force their agenda on anyone, but that is a false promise as proven by cases we are already involved with and know are likely only a taste of what’s to come:
- ADF attorneys are representing a Christian wedding photographer in New Mexico who is appealing a $6,600 fine by the New Mexico Civil Rights Commission for declining to photograph a lesbian civil union ceremony. Click here to read more.
- In New Jersey, we are defending a Christian organization against a claim of discrimination after refusing to allow a same-sex civil union ceremony at one of its worship facilities. Click here to read more.
- In Minnesota, ADF attorneys are in the process of urging Minneapolis Public Schools not to implement a program called “Welcoming Schools” that would instruct kindergartners and other elementary school students to accept and embrace homosexual behavior. Click here to read more.
- We also represent a counselor in Atlanta, Georgia who was fired because she declined a request to offer relationship counseling to a same-sex couple.
- In the Midwest, we are defending a Christian psychologist who was fired by the cities of Minneapolis, Minnesota and Springfield, Illinois for associating with a pro-family organization that opposes same-sex “marriage.”

By God’s grace, there is still hope for marriage and religious freedom.
- Twenty-seven states now have constitutional amendments protecting marriage, with three more potentially voting on similar measures this November (California, Arizona and Florida).
- We have won 35 cases in the battle for marriage, with only two losses.
- Thanks to the faithful support of ADF ministry friends, we are fighting back – and winning more than 3 out of 4 marriage cases, on average.
These victories give us hope. At ADF, one of our goals is to ensure every state recognizes marriage as the union between one man and one woman… only. We can continue on this path towards our ultimate goal, with your help. If we are successful, together, in stopping the demands of the homosexual agenda from being forced on our culture, we will preserve countless opportunities to express religious freedom in the future. By making your online gift today, you provide the critical resources needed to stand against this dangerous agenda.
Recent Cases Involving Marriage
4-to-3 decision in Calif. a vote for nationwide legal chaos
ADF attorneys file suit against N.Y. Gov. Paterson
N.Y. policy illegally honoring outside same-sex “marriages” contested
Wisconsin marriage amendment upheld
ADF: Ballot initiative for Calif. marriage amendment not “speculation”
1st Circuit: “Don’t Ask, Don’t Tell” policy is constitutional
Court affirms will of Oregon voters: marriage amendment constitutional
ADF and Marriage in the News
New York Sun, 6/23/08
“Court's Gay Marriage Ruling Will Test Paterson's Policy”
One News Now, 6/23/08
“TN prepared to fend off attack on marriage”
California Catholic Daily, 6/21/08
“'Desperate to evade democracy' Homosexual groups ask California Supreme Court to take marriage initiative off November ballot”
San Jose Mercury News, 6/20/08
“Civil rights groups seek to block California gay marriage ballot initiative”
The Desert Sun, 6/18/08
“Same-sex marriage CON: Why hold the 'marriages' before the voters have their say?”
CitizenLink, 6/17/08
“Same-Sex 'Marriages' Erode Religious Freedoms”
NPR Morning Edition, 6/16/08
“Gay Rights, Religious Liberties: A Three-Act Story”
NPR Talk of the Nation, 6/16/08
“Gay Rights Law Faces Legal, Religious Challenges”
The New York Times, 6/16/08
“Stance on same-sex marriage brings surprises for Paterson”
Bloomberg, 6/16/08
“Gay rush to ‘shotgun weddings’ to beat proposed bans”
Chicago Tribune, 6/16/08
“California’s big day for love, law”
Associated Press, 6/14/08
“Calif. same-sex weddings will affect other states”
The Hugh Hewitt Show, 6/9/08
Hewitt: Hour 2 - Hugh discusses the future of marriage after California's Supreme Court overturned California voters' will to legalize gay marriage with Alliance Defense Fund's Jordan Lawrence.
LA Times, 5/19-5/23/08
“Same-sex marriage: What now?”
Recent Commentary about Marriage
A Battle Lost, but the War is Far From Over
Marriage: The Mission Wages On
Marriage and democracy trampled