Marriage jeopardized after Calif. high court decision unless voters approve amendment


Marriage jeopardized after Calif. high court decision
unless voters approve amendment

California Supreme Court strikes down Proposition 22; ADF attorneys
say decision is “perfect example” of need for marriage amendment

SAN FRANCISCO — The California Supreme Court ruled 4–3 Thursday that Proposition 22, the California Defense of Marriage Act, which defines marriage as the union of one man and one woman, is unconstitutional. Alliance Defense Fund attorneys who defended Proposition 22 note that the outcome illustrates precisely why a state law alone is not sufficient to protect marriage.

“The government should promote and encourage strong families. The only way to make sure it does so in California is to amend the state constitution to protect marriage. That’s ultimately the only avenue to ensure that no one interferes with the will of the people,” said ADF Senior Counsel Glen Lavy, who argued before the court (

“The ruling from the court today ignores the will of the people of California who approved Proposition 22. The voters realize that defining marriage as one man and one woman is important because the government should not, by design, deny a child both a mother and father,” Lavy explained. “The court’s decision clearly demonstrates that marriage is not ultimately safe from tampering by activists and others in government until the voters have amended the constitution.”

Californians will likely have the opportunity to vote on a proposed amendment in November. The text of the proposed amendment is available at

A copy of the high court’s ruling in the California marriage cases, which includes Proposition 22 Legal Defense and Education Fund v. City and County of San Francisco, is available at

ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.