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Same-sex marriage (SSM) and
domestic partnerships in California

Amici Curiae briefs supporting Prop. 8

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Background (repeated):

"Amici curiae" is a Latin phrase meaning "friends of the court." Like many of our legal traditions, it can be traced back to the Roman Empire. It allows an interested party to file an opinion before a court in order to help the court reach a fair decision.

Amicus briefs could be fined in the Prop. 8 case up until JAN-15. Many dozens were file by the deadline, representing hundreds of groups and individuals.

Most of the briefs filed with the California Supreme Court favored marital equality for persons of all sexual orientations -- heterosexual, bisexual and homosexual. A minority of briefs filed with the opposed marital equality by favoring the constitutionality of Prop. 8.

Amici curiae briefs filed in support of Prop. 8:

Essentially all of the briefs that we have found references to are from fundamentalist and other evangelical Christian groups, or a single orthodox Jewish group. They included the Family Research Council, the Eagle Forum Education and Legal Defense Fund, Union of Orthodox Jewish Congregations, United States Conference of Catholic Bishops, etc.  Some individuals filed a personal brief. 1 Brief summaries of three briefs are shown below.

Amicus curiae brief by the Church of the Messiah:

The church is located in Marina Del Rey, CA. Their full text is available online. 3 Their pastor, T.M. Reverend Messiah, made the following points:

bullet "Marriage is for heterosexuals and not for homosexuals."

bullet "The only way to deal with those [marriage] licenses issued between June and November 2008 is for the four justices to issue an apology and to have those licenses declared void or invalid. NO dragging, lingering, agonizing, twisted or time consuming procedures are needed."

bullet "If marriage is open [to allowing loving committed same-sex couples to marry] what is next: 3 or more persons or even with animals ?!!!!!!"

bullet [Our church in Marina Del Rey] ... represents every True believer and every True Christian on Earth till the ultimate unification of all Christian churches in one Christian Church. ..."

bullet "The Holy Bible is the book of the Holy Scripture, the words of God from The Lord Jesus Christ and the words of God inspired to the disciples, apostles and prophets. ..."

bullet "The undisputed history of marriages starting from Adam and Eve till present time, spanning over 4000 years. [sic] All these marriages were between a man and a woman, male and female." [Ed. note: The author apparently is unaware of the many cases of polygamy in the Bible and the eight marriage and family structures described in the Hebrew Scriptures (Old Testament]

bullet The author explains that true democracy means the rule of the majority of people -- not rule by 4 judges of the Supreme Court or rule by homosexuals who total less than 10% of the population.

bullet They disagree with the U.S. Supreme Court's ruling in Lawrence v. Texas, and assert that "when the conduct is offensive to the majority of the general public, such conduct is categorized as criminal and is punishable."

bullet "...the so called doctrine of separation of state and church does not exist in either the US Constitution or California Constitution period.

Amicus curiae brief by Michael J. McDermott:

McDermott describes himself as a voter, a financial supporter of Prop. 8 and a civil rights advocate for "this Nation's Male Minority." He views same-sex marriage (SSM) as a "fundamental Violation of my rights to the Freedom of Speech and Political Viewpoint."

He believes that when the Supreme Court legalized SSM in 2008 the court:

"... not only overturned the Voter Approved Law put in place by Proposition 22, but also sought to institute an era of draconian thought policing in favor of a radical political agenda unprecedented in American history. ... [The court supported] the separatist / neo-exterminationist agenda of Misandry (Hatred towards Men, Masculinity & Heterosexuality) inherent in the attack on Heterosexual Marriage."

He believes that by giving same-sex couples the same right to marry as has been enjoyed by opposite-sex couples, homosexuals have become:

"...a Supremely Privileged Class of Citizens - with rights far greater than the rest of us; based on their self-assigned membership in to groups described by the Court in only the vaguest of sanitized and gaily misleading euphemisms."

He appears to reject the beliefs of many transsexuals, human sexuality researchers and therapists who stress the concept of perceived gender among persons with Gender Dysphoria. He says that marriage is and:

"... Always has been between members of the Opposite Gender, meaning the Immutable and Inherited characteristics of birth that make us all Male and Female; as Scientifically Proven by the presence of XY and XX Chromosomes differentiated between Men and Women."

He criticizes the courts for:

bullet  "...denying the fact that Every Child has a Male (XY) Father and a Female (XX) Mother." [Ed. note: It is unclear where any court denies this fact. It would be rediculous for a court to do so, because every child results from the joining of one spermatozoon and one ovum.]
bullet Violating his "... right to speak the Truth about Marriage between a Man and a Woman." [Ed. note: He does not provide any proof that his freedom of speech has been limited by the court. It is guaranteed by the First Amendment to the U.S. Constitution. His brief is proof that he has freedom of speech to talk on this topic]

bullet Denying the "... Equal Protection Rights of Heterosexual Males and All Their Children" by legalizing SSM.

bullet Allowing SSM, and thus violating the "... First Amendment rights of all citizens to reject the behaviors associated with the radical gender feminist / homosex [sic] political agenda.

bullet Legalizing SSM is "...a prime example of Political Correctness run amok to the level of destructive absurdity."

He argued that the language of Prop. 8 and the ballot itself requires that all existing same-sex marriage couples be forcibly divorced since such marriages cannot be recognized in the state.

He wrote: "Proposition 8 has put an end to this attempt to enforce mandatory thought policing in service of a Misandrist political agenda." 4

Amicus curiae brief by The Kingdom of Heaven: World Divine Mission:

The Kingdom of Heaven: World Divine Mission of San Diego CA submitted a 40 page amicus brief. Some of the points raised near the start of the brief were:

bullet "The enforcement of all laws is vested to the people! The House and Senate members represent people, and they must always act on the desires of the majority of their constituents."[Ed. note: If that were true, then interracial couples would probably not be able to marry in some states.]

bullet "Judges and justices are prohibited from making laws from the bench." [Ed. note: However, they are allowed to interpret laws and Constitutions.]

bullet "52% of California voters voted "YES" on the Proposition 8 initiative and Constitutional Amendment: Marriage between one man and one woman! These 52 % of voters obeyed the order of the Almighty Eternal Creator of the earth and human race as recorded in the Holy Bible in Genesis 1: 26-27."

bullet "In order to fill the earth with human physical bodies, God ordered each and all marriages to be between one man and one woman! Indirectly, God prohibits gay and lesbian marriage. Through Genesis 1: 26-27, God also orders all children must be born from natural conception and prohibits all abortions!"

bullet "Courts ... DO NOT have authority to reverse the Almighty Eternal Creator's Law that bans same-sex marriage."

bullet Gay and lesbian marriage and abortion are serious attempts to destroy the Almighty Eternal Creator's ongoing creation of human life on earth! If they do not change their sexual conduct and pay in full for damages caused while they are on earth, they surely must pay after their earthly lives! [Emphasis in the original] 5 [Ed. note: This appears to be a reference to the torture chambers of Hell where he believes all sexually active homosexuals will be punished for eternity.]

References used:

 The following information sources were used to prepare and update the above essay. The hyperlinks are not necessarily still active today.

  1. "Calif Prop. 8 lawsuits draw 'friends' near and far," Associated Press, 2009-JAN-15, at: http://www.mercurynews.com/
  2. "Proposition 8 Cases," Supreme Court, at: http://www.courtinfo.ca.gov/
  3. T.M. Reverend Messiah, "Amicus curiae brief: The Church of the Messiah," 2009-JAN-13, at: http://www.courtinfo.ca.gov/
  4. Michael J. McDermott, "Supporting Declaration in Support of Proposition 8," at: http://www.courtinfo.ca.gov/
  5. Pam Spaulding, "Unhinged pro-Prop 8 amicus brief filed by bible [sic] beating group," Pam's House Blend, 2008-NOV-19, at:  http://www.pamshouseblend.com/


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Copyright © 2009 to 2012 by Ontario Consultants on Religious Tolerance
Original posting: 2009-JAN-18
Latest update: 2012-JUL-24
Author: B.A. Robinson

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