Ten states have united in support of
California's gay marriage ban, Proposition 8.
August ruling that declared the ban unconstitutional is being
appealed to the Ninth Circuit Court of Appeals by its sponsor,
ProtectMarriage.com, a coalition of social conservative groups
that includes the Church of Jesus Christ of Latter-day Saints (the
Mormons), the California Catholic Conference and various evangelical
The brief, filed on Friday, says the
federal court “exceeded its judicial authority” in ruling against
the gay marriage ban, the Casper Star-Tribune reported.
“If public affirmation of anyone and
everyone's personal love and commitment is the single purpose of
marriage, a limitless number of rights claims could be set up that
evacuate the term marriage of any meaning,” the brief says.
The amicus brief also says that states,
not the federal courts, have final say in deciding whether to
recognize the unions of gay and lesbian couples with marriage.
Proposition 8 was approved by a narrow
majority of Californians in 2008. Passage put an end to the gay
weddings taking place in the state after the California Supreme Court
legalized the institution.
The case of Perry vs. Schwarzenegger
is the first to challenge the constitutionality of a gay marriage
ban. Plaintiffs – a gay couple and a lesbian couple who wish to
marry – are being represented by the American Foundation for Equal
Rights (AFER), a group formed to support the case. A
recent New York City fundraiser hosted by former RNC Chair Ken
Mehlman netted $1.2 million for the case.
The states listed in the brief are
Alabama, Wyoming, Florida, Idaho, Indiana, Louisiana, Michigan, South
Carolina, Utah and Virginia. None of which allow gay couples to