SACRAMENTO, August 27, 2007 (LifeSiteNews.com) - In legal briefs submitted to the California Supreme Court, which is considering whether to license "same-sex marriages" next year, Governor Arnold Schwarzenegger and Attorney General Jerry Brown both stated that a future Legislature could abolish marriage and yank marriage rights from a married husband and wife. A group hoping to place a question on the 2008 ballot to defend traditional marriage suggests that the briefs are evidence of the urgent need for the ballot initiative.
In the Governor’s brief, filed by his team of lawyers, Schwarzenegger says, "The Administration submits that use of the words ‘marry’ and ‘marriage’ is not required by the California Constitution. Thus, the name of the legal relationship now known as ‘marriage’ could be changed."
In his brief, Brown says similarly, ". . . the words ‘marry’ and ‘marriage’ have no essential constitutional significance under the California Constitution. Thus, the Legislature could change the name of the legal relationship now known as "marriage" to some other name without any constitutional impediment."
In the briefs the Governor and Attorney General also suggest that marriage rights and marriage benefits for a husband and wife can be eliminated by the California Legislature.
Said Brown ". . . except for this essential ability to choose and declare one’s life partner in a reciprocal and binding contractual commitment of mutual support, any of the statutory rights and obligations that are afforded exclusively to married couples in California could be abrogated or eliminated by the Legislature or the electorate for any rational legislative purpose."
Schwarzenegger’s brief states: ". . . except for the ability to choose and declare one’s life partner in a reciprocal commitment of mutual support, any of the statutory rights and obligations that are afforded to married couples in California could be abrogated or eliminated by the Legislature or the electorate for any rational legislative purpose."
"This is proof positive that the VoteYesMarriage.com initiative, which will prevent marriage from being abolished and prevent marriage rights from being eliminated, is absolutely needed to protect the sacred institution of marriage from activist judges and liberal politicians," said Randy Thomasson, an organizer of the VoteYesMarriage.com California Marriage Amendment, which is aiming for the 2008 ballot.
"Protecting the word ‘marriage’ in the state constitution is useless if the politicians can still get rid of marriage and marriage rights for a man and a woman," concluded Thomasson. "Clearly, the VoteYesMarriage.com amendment, which will override the judges and politicians and preserve everything about marriage for one man and one woman, is the only way to protect this special institution for future generations to respect and enjoy."
See PDF of AG Jerry Brown’s 8/17 brief: