Summary
Alliance Defending Freedom and its allies became the sole defenders of Proposition 8, California’s constitutional amendment defining marriage as a union between one man and one woman, when state officials refused to do so. Both a federal district judge and a panel of the U.S. Court of Appeals for the Ninth Circuit ruled that the man-woman definition of marriage, approved by more than 7 million California voters, violated the U.S. Constitution. And they did so despite the fact that diverse cultures and faiths have used the same definition for centuries.
Alliance Defending Freedom and its allies asked the U.S. Supreme Court to grant review. The Supreme Court took the case, but declined to decide whether Proposition 8 is constitutional because it concluded that it lacked authority to rule on that question in that case. The U.S. Supreme Court’s ruling scrapped the Ninth Circuit’s opinion, but left the district court’s ruling in place.
To protect man-woman marriage as a central building block of society, Alliance Defending Freedom joined this effort. Men and women bring different but equally important gifts to family life, and children need both a mother and a father. Preserving marriage as a union of a man and a woman recognizes this basic fact. Alliance Defending Freedom continues to defend state laws like Proposition 8 that preserve the man-woman definition of marriage.
What's at stake
Affirming marriage as the union of one man and one woman.
Promoting the importance of both mothers and fathers.
Protecting the voters’ rights to direct social policy concerning marriage and family.
Our role in this case
Alliance Defending Freedom and its allies defended Proposition 8 free of charge.
Press Releases
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June 30th, 2013Rule of law bypassed in Prop. 8 case
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June 29th, 2013Will the rule of law prevail in Calif.?
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ImageMarch 19th, 2013Attacks on Prop. 8 rebutted
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February 1st, 2013Broad support for marriage, Prop. 8 reflected in numerous briefs at Supreme Court
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January 22nd, 2013Prop. 8 defenders: Uphold marriage, let public debate
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December 7th, 2012U.S. Supreme Court to hear Prop. 8, DOMA cases
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July 31st, 2012Marriage defenders ask U.S. Supreme Court to hear Calif. Prop. 8 case
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June 5th, 2012Marriage defenders will ask U.S. Supreme Court to hear Calif. Prop. 8 case
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February 21st, 2012Prop. 8 defenders appeal to full 9th Circuit
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February 7th, 2012Prop. 8 defenders will appeal decision upholding Hollywood, S.F. attack on marriage
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November 17th, 2011Calif. Supreme Court: Prop. 8 deserves defense
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June 14th, 2011ProtectMarriage.com legal team responds to Judge Ware’s ruling
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June 13th, 2011Comments of Alliance Defense Fund Senior Legal Counsel Austin R. Nimocks
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April 25th, 2011Calif. marriage amendment defenders file motion to throw out district court ruling
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April 14th, 2011ProtectMarriage.com legal team seeks order for return of Prop. 8 trial recordings
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ImageFebruary 17th, 2011ADF response to Calif. Supreme Court’s decision to hear 9th Cir. question in marriage amendment case
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January 4th, 2011The people of California have a right to be defended in Prop. 8 case
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September 27th, 2010Broad support for marriage, initiative process reflected in numerous briefs filed with 9th Circuit
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September 20th, 2010Defenders of marriage, initiative process in Calif. file opening brief on appeal
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ImageAugust 16th, 20109th Circuit puts brakes on decision that struck down Calif. marriage amendment
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August 12th, 2010Defenders of Calif. marriage amendment will appeal judge’s decision on motion for stay
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August 9th, 2010Selected quotes from the California marriage amendment decision
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August 4th, 2010Defenders of marriage in Calif. will appeal dangerous federal ruling
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July 17th, 2009Federal court throws out challenge to Calif. marriage amendment
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July 1st, 2009Proposition 8 defenders allowed to intervene against attack on Calif. marriage amendment
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May 29th, 2009Proposition 8 defenders seek to intervene against Hollywood-backed lawsuit
Case Documents
Additional Resources
Audio and transcript of oral argument before U.S. Supreme Court (3/26/2013): Hollingsworth v. Perry
Quotes from legal experts and analysts who find district court decision in Perry v. Schwarzenegger unpersuasive
Austin R. Nimocks: Court should have upheld heterosexual marriage (USA Today, 2013-06-28)
Alan Sears: The play's the thing (Townhall.com, 2013-04-26)
Austin R. Nimocks: The marriage debate: Let democracy work… (Wall Street Journal, 2013-03-25)
Doug Napier: That tail ain't a leg (Townhall.com, 2013-02-19)
Austin R. Nimocks: Mother, country and same-sex marriage? (Washington Examiner, 2013-02-16)
Kellie Fiedorek: Marriage: A relationship unlike any other (Townhall.com, 2013-02-13)
Jim Campbell: Usher in a redefinition of marriage, usher out religious liberty (Townhall.com, 2013-02-12)
Ken Connelly: The goodness of marriage (Townhall.com, 2013-02-11)
Caleb Dalton: Democratic debate on marriage better than judicial commands (Townhall.com, 2013-02-08)
Byron Babione: The opposite of the civil rights movement (Townhall.com, 2013-02-07)
Jordan Lorence: Marriage carries a public purpose (USA Today, 2012-12-10)
Alan Sears: Judges who redefine marriage will answer to ‘We the People’ (Washington Times, 2012-10-29)
Alan Sears: Even the pretense of tolerance is gone (Townhall.com, 2012-06-24)
Alan Sears: Marriage is marriage - Period (Townhall.com, 2012-06-07)
Austin R. Nimocks: Baltimore Sun in your eyes (Townhall.com, 2012-05-29)
Alan Sears: Peering through the smoke of marriage debate (Christian Post, 2012-05-27)