Liberty Counsel
NEWS RELEASE

Contact: PUBLIC RELATIONS DEPARTMENT - 800-671-1776

FOR IMMEDIATE RELEASE: October 5, 2006

San Francisco, CA - Today, in a 2 to 1 decision, the California Court of Appeals rejected same-sex marriage in the closely watched case challenging the state's marriage laws. The Court stated, "In the final analysis, the court is not in the business of defining marriage." Liberty Counsel represents Campaign for California Families, and presented argument before the Court of Appeals.

The majority opinion stated: "The [same-sex couples] in these appeals are asking this court to recognize a new right. Courts simply do not have the authority to create new rights, especially when doing so involves changing the definition of so fundamental an institution of marriage.... The court's role is not to define social policy." The opinion also stated: "The trial court's decision ... essentially redefined marriage to encompass unions that have never before been considered as such in this state. [I]t is beyond the judiciary's realm of authority to redefine a statute or to confer a new right where none previously existed."

Regarding the case, Mathew D. Staver, Founder and Chairman of Liberty Counsel, commented: "The state of California did not create marriage and judges should not redefine it. Marriage is distinct from other personal relationships. The marital union of a man and a woman uniquely fosters responsible procreation, contributes to the continuing well-being of men and women, to society, to children and to the state. Same-sex relationships by definition and nature can not constitute marriage. To redefine marriage to include same-sex couples would abolish marriage and make gender irrelevant. The result would be nonsensical and would have devastating effects on children and society. The California Court of Appeals followed the lead of other courts around the country in recognizing that judges should not re-write marriage laws with a stroke of a pen."

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