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September 25th, 2010

IFPC Joins Liberty Institute Brief Supporting Voters’ Will on California’s Prop. 8

Yesterday, Liberty Institute, representing more than 30 family policy councils across the nation, including the Iowa Family Policy Center, filed an amicus brief in the Ninth Circuit Court of Appeals supporting the will of the majority of California voters in Perry v. Schwarzenegger, known as the Proposition 8 case.

“The judge’s ruling tells California voters that their votes – and their voices – are insignificant,” said Kelly Shackelford, president/CEO of Liberty Institute.  “Our nation was founded on the concept of self-governance – that the people have the ultimate say, not an unelected, unaccountable group.  Holding a trial to question the motives of 7 million voters and then overturning their votes because you consider their votes ‘irrational’ is the height of arrogance and inappropriate conduct for any judge.  This decision must be overturned.”

“This case in California is just one more reminder that ‘We the People’ must remain diligent and assert our right to self-governance,” according to IFPC President Chuck Hurley.  “Iowans are well aware of the damage that can be done by rogue judges imposing their political and ideological whims over the will of the people, and we must stand together at every opportunity to restore our republican system of government as well as to defend marriage.”

Hurley went on to say, “Any public policy, court opinion, or government mandate that is not in line with God’s law and His Laws of Nature is fundamentally flawed, so this court opinion violates both the will of the people and ‘the Laws of Nature and Nature’s God.’”

In 2008, over seven million California voters went to the polls casting votes in support of Proposition 8, a constitutional amendment which defines marriage as the union of one man and one woman.  California voters passed a similar proposition in 2000, which was also ruled unconstitutional by the courts.

The lawsuit against Proposition 8 began when two homosexual couples sued to have the 2008 constitutional amendment nullified.  In August, the district court struck down “Prop. 8,” saying that limiting marriage to a man and a woman has no “rational basis.”  The Ninth Circuit Court of Appeals has stayed the district judge’s ruling while it weighs the appeal.

The brief reads, in part, “The people may be wrong, as they often are.  The courts, too, may be wrong, as they often are.  But this we know: twice in eight years the people of California declared they want to keep marriage as it has been for time immemorial.  Courts should not violate the people’s self-governance—the ‘most fundamental individual liberty of our people’—and impose instead their own views upon the people of California.”

View the brief online at

The Iowa Family Policy Center is a 501(C)3  non-profit organization dedicated to equipping, empowering and encouraging Iowans to build communities where families are valued and strengthened.

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