Traditional Marriage Backers: Court Set Bad Precedent

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The U.S. Supreme Court has essentially legalized gay marriage in California after ruling that defenders of Proposition 8, the voter-approved amendment defining marriage as being between a man and woman, had no legal standing to defend it.

Backers of Prop 8 say the court has set a dangerous precedent that in effect neutralizes the will of the people who vote.

"The definition of marriage should be left to the people. When the people validly enact a law to limit marriage to one man and one woman, it should be the people who decide whether that law should be reversed," Robert Tyler, an attorney with Advocates for Faith and Freedom, said.

Karen Kenney of the San Fernando Valley Patriots called Wednesday's ruling a new kind of tyranny in which the courts advocate social justice over social structure and social traditions and standards.

Thomas Peters, with the National Organization for Marriage, addressed the implications of the High Court's rulings on Prop 8 and DOMA, on CBN's Morning News, June 27. 

What do these rulings mean for religious freedom? Jay Sekulow, chief counsel for the American Center for Law and Justice, addresses that question and more below:

Even Justice Anthony Kennedy, who voted to strike down the key part of DOMA, sided with the California voters who approved Prop 8.

"The essence of democracy is that the right to make law rests in the people and flows to the government, not the other way around," he said. "The California initiative process embodies these principles and has done so for over a century."

Brad Dacus, president of the Pacific Justice Institute, agreed.

"If someone doesn't like a proposition that has passed in the state of California, arguably, all they would have to do, is find one judge, one federal judge to declare it unconstitutional, and then to get a wink and nod from the attorney general and the governor, and it's over," he said.

"I think that's a terrible, terrible situation to have for the voters -- to have their votes count -- and to have their votes respected in a proper system," he said.

It will take at least 25 days before the Supreme Court's ruling becomes official and gay marriages resume in California.

If supporters of Prop 8 ask for a re-hearing, then gay marriages may still be barred beyond the 25-day period.

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