The real question before the California Supreme Court on Thursday is what does the California Constitution specifically say. Because the Constitution is the boss of the judges.

Here’s what all seven justices on the state high court have pledged as a condition of their employment:

I, ______________________, do solemnly swear (or affirm) that I
will support and defend the Constitution of the United States and the
Constitution of the State of California against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the Constitution of the
United States and the Constitution of California; that I take this obligation
freely, without any mental reservation or purpose of evasion; and that I will
well and faithfully discharge the duties upon which I am about to enter.

So if the California Constitution says it, the judges must follow it to the tee. Here’s what that little book, the California Constitution, actually says:

1. The only marriages that are valid are marriage between a man and a woman.  Prop. 8 created Article 1, Section 7.5, reading “Only marriage between a man and a woman is valid or recognized in California.” There is nothing, absolutely nothing, more specific or commanding about defining marriage in the California Constitution.

2.  The voters are the only ones who can amend the Constitution, and judges have no law-making authority whatsoever. Art. 4, Sec. 1 reads, “The legislative power of this State is vested in the California Legislature which consists of the Senate and Assembly, but the people reserve to themselves the powers of initiative and referendum.” And get this: Art. 18, Sec. 3 tells us that only “The electors may amend the Constitution by initiative.” This is the separation of powers in California. Legislators can make regular laws (statutes), only the voters can amend the Constitution, judges cannot make laws and judges must abide by the specific words of the Constitution, whether they like it or not.

3. Any “marriage” NOT between a man and a woman is invalid, no matter when it is was performed. In its text, Prop. 8 states that the only marriage that “is” valid or recognized in California is a marriage between a man and a woman. “Is” is an absolute term that applies to past, present and future validity. Affirming this mandate is the proponents’ official ballot arguments, which state, “Your YES vote on Proposition 8 means that only marriage between a man and a woman will be valid or recognized in California, regardless of when or where performed.” “Regardless of when…performed” obviously means that pre-existing same-sex ‘marriages’ are null and void in light of Prop. 8.

Take action now. Change your schedule and come to San Francisco for the courtroom hearing this Thursday morning, March 5. Show the judges you know the state constitution.  Make signs and buttons reading “The people have decided.”  Show up to impress the media that more Californians want real marriage than false “marriages.”  See our specific action steps