By Kathleen Gilbert

SACRAMENTO, California, November 11, 2008 ( – Despite continued dispute of legal scholars on the issue, California governor Arnold Schwarzenegger on Sunday affirmed that he believed same-sex “marriages” effected prior to the passage of Proposition 8 would certainly remain intact.

Asked on a CNN interview whether existing same-sex “marriages” would be “in jeopardy in any way,” Schwarzenegger answered, “No, not at all, no,” adding that the true marriage amendment of Proposition 8 would only last until “the Supreme Court turns it over.”

Schwarzenegger said that one reason why California voters upheld true marriage may have been because Proposition 8 “had a strong campaign … and I think that the people that tried to defeat it did not have maybe as good a campaign or as much money behind it.”

The Los Angeles Times reports, however, that Proposition 8 supporters raised approximately $36.1 million for their campaign, while the opposition raised about $38.4 million, putting same-sex “marriage” supporters over $2 million ahead of Prop 8 supporters in funds raised.

The governor also stated that “because the Supreme Court very clearly in California has declared this unconstitutional” it is “not the end” of the fight against true marriage, and expressed hope that the state would “move forward” after Proposition 8 would be overturned in the courts.

Three separate court battles have been filed against Proposition 8. Anti-marriage lobbyists claim that adding the true definition of marriage to the state constitution is an illegal revision, rather than an amendment. 

According to the Washington Post, some legal experts say Proposition 8 could be overturned if opponents convince judges that it constitutes a breach of California’s equal protection law.  Others believe the lawsuits stand on shaky legal ground.

One reason Proposition 8 will likely survive, according to Vikram Amar, a law professor at the University of California at Davis, is that judges are expected to uphold the will of the voters as per the democratic process.  “We have this track record in California of holding our justices accountable to the popular will,” he told the Post. “As a predictive matter, I just don’t see this challenge as likely to prevail.”

Legal experts are also divided as to whether state law will continue to recognize current same-sex “marriages,” or render them null under the marriage amendment.

Anti-marriage activists are requesting California to withhold issuing all marriage licenses, including licenses for heterosexual couples, while the litigation proceeds.

Yesterday Liberty Counsel filed a motion to intervene to defend against the three lawsuits filed at the California Supreme Court by same-sex marriage advocates. Mathew D. Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, commented: “The proponents of same-sex marriage have thrown a ‘Hail Mary’ pass with no receivers down field. The law suit seeking to block Proposition 8 is patently frivolous.

“The people have a right to amend their constitution,” said Staver.  “It is amazing how much effort has been put in this battle to keep the people from deciding the future of marriage.

“It makes no sense that four judges can re-write the historic definition of marriage and more than 5 million people cannot restore it to its common understanding as the union of one man and one woman.”

See related coverage:

Schwarzenegger: Fight for Same-Sex “Marriage” Like Body-Building

California Gov. Arnold Schwarzenegger Endorses Gay Pride Events

Schwarzenegger will oppose same sex “marriage” ban

California Governor Arnold Schwarzenegger Says Marriage Could be Eliminated in Future