FRC in the News Regarding Yesterday's Supreme Court Marriage Decision

June 27, 2013

Yesterday, the Supreme Court ruled on two very big cases: U.S. v. Windsor and Hollingsworth v. Perry.

Tony Perkins, President of Family Research Council, offered remarks about the SCOTUS ruling on marriage which were picked up by various news networks. They include the following:

USA Today--"The reality is that society needs children, and children need a mom and a dad. We will continue to work to restore and promote a healthy marriage culture, which will maximize the chances of a child being raised by a married mother and father."

Washington Times--“The Court’s decision allows the executive branch to effectively veto any duly enacted law, simply by refusing to defend it against a constitutional challenge. Ironically, by refusing to defend the law,California’s executive branch has also denied the nation any definitive ruling on the constitutionality of defining marriage as the union of one man and one woman.

Associated Press--"While we are disappointed in the Supreme Court's decision to strike down part of the federal Defense of Marriage Act, the court today did not impose the sweeping nationwide redefinition of natural marriage that was sought. Time is not on the side of those seeking to create same-sex 'marriage.' As the American people are given time to experience the actual consequences of redefining marriage, the public debate and opposition to the redefinition of natural marriage will undoubtedly intensify."

CNN--"Their refusal to redefine marriage for all states is a major setback for those seeking to redefine natural marriage. Time is not on the side of those seeking to create same-sex 'marriage.'"

New York Times--“The lines are being drawn between states that stand with natural, traditional marriage and states that redefined it.”

Tony Perkins also wrote an article stressing the inevitable consequences this ruling will bring on society. The article is found in CNSNews. Many questions now arise regarding future litigation. Tony Perkins asks those questions:

“The Defense of Marriage Act imposes no uniform definition of marriage upon the individual states. However, the states should not be able to impose varying definitions of marriage upon the federal government. The ruling that the federal government must recognize same-sex "marriages" in states that recognize them raises as many questions as it answers.”

“For example, what is the status of such couples under federal law if they move to another state that does not recognize their "marriage?" This decision throws open the doors for whole new rounds of litigation.”

Peter Sprigg, Family Research Council’s Senior Fellow for Policy Studies, was mentioned in the Washington Post. He said:

“Advocates of redefining marriage did not get what they wanted today — a declaration that all 50 states must treat same-sex unions as “marriages.” That means that this debate will continue across the country. This is an issue which should be resolved through the democratic process, not the courts.”

In an Associated Press article, he echoed what Tony Perkins said about the court ruling of federal recognition: ‘‘it raises as many questions as it answers.’’

‘‘Will recognition be based on the law in the state where the marriage was celebrated or the state in which the couple resides?’’ he said. ‘‘The doors may now be wide open for whole new rounds of litigation.’’

Ken Klukowski, Family Research Council’s Director, Center for Religious Liberty, wrote an article that appeared on Breitbart.com. Klukowski defends the fact that Proposition 8 is still California law and explains the outcome of the Court’s decision to dismiss ruling on California’s Proposition 8:

“As of today, there is no appellate opinion (meaning an opinion issued by a court of appeals) against Prop 8. The Supreme Court refused to issue one, and threw out the only other one (the Ninth Circuit's). There is only a trial court opinion. So every agency inCaliforniais legally bound to regard Prop 8 as binding law.”

“Since no one who wants to defend Prop 8 has standing to appeal rulings on it to the Ninth Circuit, there will never be such an opinion in the federal court system. So the only way to get an appellate opinion would be in the California state court system. So someone would have to file a lawsuit regarding Prop 8, and then appeal it to a California court of appeals and then maybe to the California Supreme Court. Only when one of those courts hold Prop 8 unconstitutional can the public officials in that state regard it as stricken from the books.”

“That litigation could take years. And in the meantime, supporters of traditional marriage can continue making the case for marriage.”