This morning an anti-gay civil rights hate group called Protect Marriage filed a petition in the California Supreme Court seeking to restore the enforcement of Proposition 8, the state’s constitutional amendment limiting marriage to a man and a woman:
The action we filed today contends that at least 56 of the 58 county clerks must continue to follow Proposition 8 because they were not parties to the recent federal lawsuit against Prop 8, and that the state’s governor and attorney general have no legal authority to order local county clerks to disregard the state constitution.
The Protect Marriage petition provoked the following instant reply from San Francisco City Attorney Dennis Herrera:
“This motion is a desperate obstruction tactic used in the vain hope of pursuing an unconstitutional agenda. The opponents of the freedom to marry have chosen to ignore the Supremacy Clause of the Constitution, a U.S. Supreme Court ruling, and the well-settled California marriage case of Lockyer v. San Francisco, which they themselves celebrated at the time.
Their motion has essentially no chance to succeed. The most basic concepts of American law tell us that a state court cannot and will not overrule the federal judiciary. The citizens of California are left wondering when these people will realize that, having lost the moral struggle years and years ago, they have now lost the legal struggle as well. Marriage equality is now the law in the State of California, and will remain so from this point onward. Together we will soon see the day when it is the law all across America.”
Nicely put, Dennis Herrera!
You know it’s not the end of this particular story, but it should be…