Tuesday, February 21, 2006

Huge Marriage Win

TO: Christine
FROM: Alan Sears, President

Two for Two! Another HUGE Win for Marriage (And Defeat for the ACLU) in the Empire State…The New York Yankees baseball team may field a team of all-stars, but attorneys defending marriage are now batting .1000 – by the grace of God -- in the legal battle to defend, protect, and affirm marriage in New York State.

In the latest case, the New York Supreme Court Appellate Division, Third Judicial Department, ruled 5-0 that preserving the definition of marriage as the union between one man and one woman is legitimate and permissible under the New York Constitution.

The court wrote:

“this case is not simply about the right to marry the person of one’s choice, but represents a significant expansion into new territory which is, in reality, a redefinition of marriage. The cornerstone cases acknowledging marriage as a fundamental right are laced with language referring to the ancient recognized nature of that institution, specifically tying part of its critical importance to its role in procreation and, thus, to the union of a woman and a man.”

ADF attorneys filed a friend-of-the-court brief in the case representing Family Research Council, in which 12 same-sex couples were represented by the American Civil Liberties Union.

The full text of the opinion can be read at Samuels Opinion.

This was the second win in five marriage cases presently on appeal, and the positions advocated by ADF attorneys have won in the remaining three at the lower court level.

In December, an earlier challenge to marriage between one man and one woman was rejected by a state intermediate appeals court, which ruled that same-sex “marriage” is not a constitutional right and would not provide the same benefits for society as traditional marriage. The court also stated that the union between one man and one woman is the “cultural, social, and legal ideal in an effort to discourage unmarried childbearing and to encourage sufficient marital childbearing to sustain the population and society.”

ADF Senior Legal Counsel Chris Stovall says: “We’re pleased that another New York court recognizes that same-sex ‘marriage’ is not, and never has been, a “right.” This victory will provide momentum in the fight to preserve marriage in the state and across the country.”

We praise God for this tremendous victory. They have been made possible in part because of earlier victories elsewhere that you enabled. Please be in prayer for the remaining New York cases and all remaining appeals as well across the nation to defend, protect, and affirm marriage.

Stay tuned for my March letter with more details…Read the ADF press release...

Prayer Requests

"Without Christ, we can do nothing." - John 15:5

Please pray for ADF's upcoming Regional Litigation Academy attorney training events.

Please pray for wisdom in the many legal battles ahead.

Alliance Defense Fund
15333 N. Pima Road Suite 165
Scottsdale, AZ 85260 (480)444-0020

1 comment:

Christinewjc said...

Another Victory!

TO: Christine
FROM: Alan Sears, President

By God’s Grace, ADF Attorneys Once Again Stymie ACLU Efforts to Deny the Will of the People…

We just received word of another win against the ACLU and its allies in the ongoing legal battle to let the American people have a say when it comes to so-called same-sex “marriage”—this time in the state of Tennessee.

A state judge ruled today – in a case which ADF attorneys represent members of the Tennessee state legislature – that the ACLU had no case against the state’s proposed constitutional amendment protecting marriage as between one man and one woman. The ACLU claimed that the state General Assembly had not published the text of the amendment soon enough for it to be included on the November 2006 ballot. The judge disagreed.

While the ACLU may appeal, this ruling means – barring a reversal –that Volunteer State voters will get to express their opinion this November with regard to same-sex “marriage.”

You can read the full text of the order at www.telladf.org/UserDocs/ACLUvDarnelldecision.pdf.

Remember this is the same ACLU whose then-executive director said after Alaskan voters passed a constitutional amendment affirming marriage: “Today’s results prove that certain fundamental issues should not be left up to a majority vote.”

(Note: I found the bolded statement very troubling... What is the USA? A Marxist/Communist country where the few (like the ACLU) can dictate to the many? Or, a democratic republic that exists for the people and by the people? Shouldn't we continue to have the right to vote for or against issues involving change and/or tradition?)

We praise God for another victory in this epic legal battle. Thank you so much for your prayers and your support which have made it possible for ADF attorneys to be there – in state after state – to defend marriage.

Read the ADF press release...

Alliance Defense Fund
15333 N. Pima Road Suite 165
Scottsdale, AZ 85260 (480)444-0020