Randy

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Archives for the ‘California Constitution’ Category

Enforcing Prop. 8: 1st lawsuit filed, 2nd needed

Friday, July 12, 2013, 9:43 pm | Randy Thomasson

NormanRockwellMarriageLicense

Good news! The first lawsuit to enforce Prop. 8 was filed Friday morning, asking the California Supreme Court for injunctive relief to halt illegal, unconstitutional homosexual “marriages” in at least 56 of 58 California counties. Read these excellent arguments

As SaveCalifornia.com has been explaining to anyone who will listen, the boss of every California public official is the written state constitution, not what a judge or an elected official opines.

Every public servant swears to “support and defend” the plainly written words in California’s supreme law. Yet in the Prop. 8 legal battle, the California Constitution has been ignored by domestic enemies of our Republic.

While today’s filing with the California Supreme Court is great news, what’s also needed now to enforce Prop. 8 is a 2nd lawsuit by one or more county clerks. Why? Because this first lawsuit might not be successful, and we absolutely need to ensure success for real, man-woman marriage by doing our utmost.

ACTION: Please email, fax or call our SaveCalifornia.com’s 4 talking points to clerks in these 18 strongly pro-marriage areas. Urge them to sue the State to uphold Prop. 8 on man-woman marriage.

Why a 2nd case with a clerk suing the State of California is needed:

1. Our pro-marriage legal effort is stronger with two cases

2. The Prop. 8 legal battle is stronger with more attorneys on our side speaking in court (there will be multiple attorneys in court advocating against Prop. 8)

3. A county clerk has better chance of being recognized by the court (achieving “standing”)

4. A county clerk has better chance of winning on the merits

5. A clerk has a real conflict that the court must necessarily solve, while the petition filed today is asking the court to do a favor that may seem optional to judges; indeed, some call it a “long shot” bid

6. A clerk case would strengthen the Protect Marriage case by demonstrating to the court that the clerk quandary is real, not hypothetical

And He answered and said to them, “Have you not read that He who made them at the beginning ‘made them male and female,’ and said, ‘For this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one flesh’? So then, they are no longer two but one flesh. Therefore what God has joined together, let not man separate.”
Jesus Christ in Matthew 19:4-6 NKJV

Prop. 8 at the U.S. Supreme Court Tuesday

Monday, March 25, 2013, 10:46 am | Randy Thomasson

It’s good, not bad, that Proposition 8, the 2008 California Marriage Amendment, will be decided by the Supreme Court of the United States.

The homosexual activists and their attorneys and unconstitutional, liberal judges defeated Prop. 8 in San Francisco federal court in August 2010 and at the 9th Circuit Court of Appeals in February 2012. So our side appealing to the U.S. Supreme Court, and being granted the March 26, 2013 hearing, is the only way to save Prop. 8 from being killed off.

This is a severe crisis. Marriage and our Republic sometimes seem to be hanging by a thread. However, if I were a betting man, I would bet Prop. 8 is upheld, even by one vote. That would likely come from the nine-member high court’s “swing vote,” Anthony Kennedy of California. Kennedy, who believes in homosexual “rights” (but you can’t award rights based on non-immutable or changeable behavior), still might uphold traditional marriage.

You see, in the 2003 Lawrence v. Texas case, which struck down all laws prohibiting sodomy, Kennedy wrote three times that legalizing homosexuality does not mean the government must give formal recognition to these relationships.

What’s more, for Kennedy and the four more conservative justices on the high court, the Prop. 8 case is coming to them with a big bull’s eye painted on it. “Liberal of liberals” Stephen Reinhardt, who “struck down” Prop. 8 at the appeals court level, is the most overturned judge in America by the nation’s high court.

Prop. 8 reserved marriage licenses in California for “a man and a woman.” But the legal issues in the Prop. 8 case are more about our republic than about marriage.

Where is marriage in the U.S. Constitution? Nowhere. But the Constitution in Article IV, Section 4 says that each state is guaranteed ‘a republican form of government’ — a government under the written law, not government run by the unconstitutional prejudices of some judges.

And the Tenth Amendment says what are not federal powers, and what is not denied the states, are powers that belong to individual states. What is the supreme law of California? The California Constitution, which, because of Prop. 8, reads, in Article 1, Section 7.5, “Only marriage between a man and a woman is valid or recognized in California.”

Therefore, the U.S. Supreme Court should uphold Prop. 8 and reserve marriage licenses exclusively for a man and a woman, not only for the sake of children and families, but for the sake of our Republic.

See the amicus brief of Liberty Counsel and Campaign for Children and Families (SaveCalifornia.com)

And He answered and said to them, “Have you not read that He who made them at the beginning ‘made them male and female,’ and said, ‘For this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one flesh’? So then, they are no longer two but one flesh. Therefore what God has joined together, let not man separate.”
Jesus Christ in Matthew 19:4-6 NKJV

Sweet justice in San Diego?

Thursday, June 14, 2012, 6:23 pm |

SaveCalifornia.com provides the following solely for educational purposes
and does not support or oppose candidates for public office.

Tired of liberal judicial activists imposing their anti-Christian views on everyone else? And what about those mushy judges who get swayed by everything other than the written Constitution that they’ve sworn to uphold?

I’m enthusiastically watching the election results in San Diego County. Because one of America’s leading Christian constitutional attorneys may be elected a local judge – and we’ll finally get constitutional rulings that are right before God.

Gary Kreep is executive director of the United States Justice Foundation. Over the years, he has defended many moral causes in court,  including representing me, on a pro bono basis. See his impressive bio.

Tonight, with only 7,000 absentee and provisional votes remaining to be counted, Gary is ahead by 824 votes over the establishment-supported candidate, Garland Peed. It seems a small lead but it’s larger than yesterday and the liberals are very nervous about losing one of their judge seats to a strict constructionist who will uphold the written Constitution. Gary received very few donations but has always fought for God and country and in this race he sacrificially donated his own funds.

Keep track of the San Diego County election results, posted weekdays at 5 p.m.