California gay marriage opponents say ban should be upheld
President Obama’s refusal to defend the Defence of Marriage Act should have no bearing on a case around Calfornia’s gay marriage ban, gay marriage opponents say.
The California Supreme Court is currently deciding whether supporters of the state’s gay marriage ban have the legal standing to defend it, as the state’s governor and attorney-general have refused to back it.
AP reports that the groups’ lawyers said in court papers filed yesterday that President Obama’s statement does not change the rationale for keeping the ban in place and urged the court to uphold it.
Last August, a District Judge ruled that the ban, known as Proposition 8, was unconstitutional.
Anti-gay group ProtectMarriage.com wants to challenge the ruling but the 9th US Circuit Court of Appeals says it will not hear the case until the Supreme Court determines whether the anti-gay group can legitimately defend the ban.