{"id":101,"date":"2008-12-03T14:57:48","date_gmt":"2008-12-03T14:57:48","guid":{"rendered":"http:\/\/blog.beliefnet.com\/lynnvsekulow\/2008\/12\/proposition-8-respecting-the-w.html"},"modified":"2008-12-03T14:57:48","modified_gmt":"2008-12-03T14:57:48","slug":"proposition-8-respecting-the-w","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/2008\/12\/proposition-8-respecting-the-w.html","title":{"rendered":"Proposition 8: Respecting the Will of the People"},"content":{"rendered":"

Barry, contested issues of public policy, such as the definition of marriage, should be settled at the ballot box, not through violence or the actions of activist judges. It is unfortunate that you would try to link the defense of traditional marriage with isolated acts of violence, just as it is unfortunate that some opponents of Proposition 8 resorted to interrupting church services, threatening houses of worship, and mob violence after the vote occurred.<\/font><\/p>\n

 <\/font><\/p>\n

The fact is that the wide-ranging majority of Californians and other Americans who support traditional marriage do so for a variety of sound reasons. It is not “homophobia” to believe that marriage should remain, as it has since time immemorial, a union between one man and one woman, nor is it distasteful to interpret the Bible as supportive of this view. Many different segments of California’s diverse population supported Proposition 8, not just white evangelicals. Exit polls showed that about 70 percent of blacks and a majority of Latinos voted in favor of traditional marriage.<\/font><\/p>\n

 <\/font><\/p>\n

Regarding the legal challenges filed by opponents of Proposition 8, this is yet another example of a court being asked to improperly usurp the will of the people. The voters of California have spoken clearly on this issue on two different occasions (the California Supreme Court invalidated a voter-approved traditional definition of marriage earlier this year). The people of California, like the people of countless other states that have been presented with the issue, unequivocally reaffirmed the traditional definition of marriage, and that decision should not be overturned by an activist judiciary.<\/font><\/p>\n

 <\/font><\/p>\n

As we pointed out in a letter filed with the California Supreme Court<\/a>, all perceived doubts regarding Proposition 8 must be resolved in favor of upholding it. “As Thomas Jefferson famously stated, ‘I know no safe depository of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education.'” We also explained that “Proposition 8 does not create far reaching, sweeping, or profound changes in the state’s constitutional scheme. Rather, it merely clarifies the definition of a single right recognized in the California Constitution. As such, Proposition 8 does not rise to the level of a constitutional revision.”<\/font><\/p>\n

 <\/font><\/p>\n

In short, the case is about what “marriage” is<\/i>, not about whether an individual is denied the ability to enter a “marriage.” All adults in California equally enjoy the fundamental right to enter a marriage, i.e.<\/i>, a union between one man and one woman, and no person holds a right to enter any other form of relationship and call it “marriage.” <\/font><\/p>\n

 <\/font><\/p>\n

Barry, the bottom line here is that the people have spoken after a high-profile, vibrant debate and the California Supreme Court should not overturn their decision.<\/font><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Barry, contested issues of public policy, such as the definition of marriage, should be settled at the ballot box, not through violence or the actions of activist judges. It is unfortunate that you would try to link the defense of traditional marriage with isolated acts of violence, just as it is unfortunate that some opponents…<\/p>\n","protected":false},"author":163,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2,3,7],"tags":[],"class_list":["post-101","post","type-post","status-publish","format-standard","hentry","category-courts","category-election-08","category-gay-marriage"],"yoast_head":"\nProposition 8: Respecting the Will of the People - Lynn v. 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Jay Sekulow has also served as a faculty member for the Office of Legal Education at the United States Department of Justice.  As a member of the faculty he instructed Assistant United States Attorneys and investigators in the First Amendment issues associated with prosecution of obscenity. An accomplished and respected judicial advocate, Sekulow has presented oral argument before the U.S. Supreme Court in numerous cases in defense of constitutional freedoms. Several landmark cases argued by Sekulow before the U.S. Supreme Court have become part of the legal landscape in the area of religious liberty litigation.  In the Mergens case, Sekulow cleared the way for public school students to form Bible clubs and religious organizations on their school campuses.  In the Lamb's Chapel case, Sekulow defended the free speech rights of religious groups, ensuring that they be treated equally with respect to the use of public facilities.  And, most recently, in McConnell v. FEC, Sekulow ensured that the constitutional rights of young people remain protected with a unanimous decision by the high court guaranteeing that minors can participate in political campaigns. A nationally recognized and respected defender of religious freedom, Sekulow has assembled one of the most prestigious law firms in the nation.  Founded in 1990, the American Center for Law and Justice focuses in constitutional law.  The ACLJ, under Sekulow's direction, is involved in public interest and public policy issues working to protect religious and constitutional liberties. In 2007, the Chicago Tribune concluded that the ACLJ has \"led the way\" in Christian legal advocacy.  In 2005, TIME Magazine named Sekulow one of the \"25 Most Influential Evangelicals\" in America and called the ACLJ \"a powerful counterweight\" to the ACLU.  Business Week said the ACLJ is \"the leading advocacy group for religious freedom.\"  Sekulow's work on the issue of judicial nominees - including possible vacancies at the Supreme Court - has received extensive news coverage including a front page story in The Wall Street Journal.  In addition, The National Law Journal has twice named Sekulow one of the \"100 Most Influential Lawyers\" in the United States (1994, 1997).  He is also among a distinguished group of attorneys known as \"The Public Sector 45\" named by The American Lawyer (January\/February 1997).  The magazine said the designation represents \"45 young lawyers outside the private sector whose vision and commitment are changing lives.\" Sekulow brings insight and education to listeners daily with his national call-in radio program, Jay Sekulow Live!, which is broadcast throughout the country on nearly 850 radio stations.  Sekulow also hosts a weekly television program, ACLJ This Week, which tackles the tough issues of the day and is broadcast on a number of networks nationwide including the Trinity Broadcasting Network and FamilyNet.  Sekulow is also a popular guest on nationally televised news programs on ABC, CBS, NBC, CNN, FOX News, MSNBC, CNBC, and PBS.  He frequently contributes articles and commentary to national publications and is often quoted in the nation's leading newspapers including USA Today, New York Times, Los Angeles Times, Washington Post, and Washington Times. A graduate of Mercer University, Sekulow graduated cum laude receiving both a bachelor's degree and doctor of jurisprudence from Mercer University where he served on the Mercer Law Review as an editorial staff member.  Following graduation, Sekulow served as a tax trial attorney in the Office of Chief Counsel for the Internal Revenue Service.  In that capacity, Sekulow prepared and brought to trial tax cases on behalf of the United States Department of Treasury in United States Tax Court. He also received a Ph.D. from Regent University, with a dissertation on American Legal History, and is the author of numerous publications and law articles. Sekulow serves as a member of the Board of Trustees for The Supreme Court Historical Society in Washington, DC.","url":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/author\/jsekulow"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts\/101","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/users\/163"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/comments?post=101"}],"version-history":[{"count":0,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts\/101\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/media?parent=101"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/categories?post=101"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/tags?post=101"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}