Our chairman John Eastman published an op-ed in the Sacramento Bee over the weekend, co-authored by Edwin Meese, the 75th Attorney General of the United States, on what the Supreme Court has imperiled by ruling that the proponents of Prop 8 do not have standing to defend their law in court:
The "win at all cost" push by advocates of same-sex marriage in California has now yielded a Supreme Court decision that has done much more than leave in place a decision by a single federal judge invalidating the votes of more than 7 million Californians.
The decision invites further manipulation of the legal process that will cause serious damage to the cherished voter initiative in California. That is something that should concern all Californians, and indeed all Americans, whatever their individual views about same-sex marriage.
... The Supreme Court has repeatedly warned of the lawless manipulation of the judicial process that might result from such collusive suits, yet that is what we are left with in the wake of the ruling in the Proposition 8 case.
Abraham Lincoln, in one of his early speeches on the public stage, warned against another kind of lawlessness that in his day was pervading the country, noting that "if the laws be continually despised and disregarded … the alienation of (the people's) affections from the government is the natural consequence."
Those 7 million Californians who voted in favor of Proposition 8 and the basic policy judgment about marriage that that initiative represented deserved better than what should be a default judgment of limited score from a collusive suit. The rule of law requires more. And our nation ignores this new lawlessness at its peril – a peril that may well prove to be even more profound than the potential harms to society that will result from redefining an institution as core to civil society as marriage.