Gay Prop 8 lawsuits challenged by conservative law group

A legal group with ties to Liberty University, the college founded by the late evangelist Jerry Falwell, is seeking standing before the California Supreme Court in a challenge to Proposition 8 - the amendment to the state constitution barring same-sex marriage. In a brief filed Monday with the Supreme Court the Virginia-based Liberty Counsel says the challenges to Prop 8 have no basis in law. A day after voters agreed to amend the constitution to ban same-sex marriage, three separate briefs were filed with the high court, arguing the proposition was illegal because it conflicted with existing portions of the constitution. The American Civil Liberties Union, Lambda Legal and the National Center for Lesbian Rights filed a writ petition before the California Supreme Court on Wednesday, a preliminary move to a suit. They were the lead groups that successfully argued the original marriage case before the court. The second notice came from Dennis Herrera, the attorney for the City of San Francisco. The third was filed by Los Angeles attorney Gloria Allred on behalf of a couple married in that city. The petitions charge that Proposition 8 is invalid because the initiative process was improperly used in an attempt to undo the constitution's core commitment to equality for everyone. They also say that Prop 8 improperly attempts to prevent the courts from exercising their essential constitutional role of protecting the equal protection rights of minorities. Liberty Counsel is representing the Campaign for California Families, which organized Prop 8. In its brief, Liberty Counsel said that the challengers are wrong in their basic assumptions and asks the court for the right to argue to allow Prop 8 to stand when the high court hears the case. "The proponents of same-sex marriage have thrown a 'Hail Mary' pass with no receivers down field," said Mathew D. Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law. "The law suit seeking to block Proposition 8 is patently frivolous. The people have a right to amend their constitution," Staver said in a statement. "It is amazing how much effort has been put in this battle to keep the people from deciding the future of marriage. It makes no sense that four judges can re-write the historic definition of marriage and more than 5 million people cannot restore it to its common understanding as the union of one man and one woman." On Sunday, Gov. Arnold Schwarzenegger said he hoped the Supreme Court would declare Proposition 8 illegal.