California court rejects appeal bypass of gay marriage ruling

California's Supreme Court this week said it would not bypass a lower appeals court to review a judge's decision that a state ban on same-sex marriage is unconstitutional. The 5-0 decision (with one abstention) means that the case will be returned to the First District Court of Appeals in San Francisco.

Attorney General Bill Lockyer had asked the high court to review the original ruling without going through the normal process of seeking the appellate court's review. A decision from the San Francisco appeals court is not expected for months, while a state constitutional amendment is being prepared for voters to consider next year.

Pro-marriage groups were happy with the court's decision because they opposed Lockyer's attempt to speed up the appeals process. "There was no need to rush to judgment on California's marriage laws. Now that the marriage cases will proceed along the normal litigation route, the people will have time to move forward to amend the state Constitution to preserve marriage as one man and one woman," said Matthew Staver, president of Liberty Counsel, which is representing the Campaign for California Families (CCF).

Randy Thomasson, executive director of CCF, added, "It's very good that the high court declined to hear this case. The high court should never turn marriage upside down and inside out."

CWN - Catholic World News (13. august 2005)