Alliance Defending Freedom's Infranco: Prop 8 Fight Isn't Over

Monday, 01 Jul 2013 04:44 PM

By Bill Hoffmann

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The fight to revive Proposition 8 in California isn't over yet, despite an eleventh-hour request to halt gay marriage being turned down, according to Joe Infranco, senior legal counsel for the Alliance Defending Freedom.

"We need a robust debate to continue because marriage, the union between a husband and wife, is a timeless and universal and unique arrangement," Infranco told "The Steve Malzberg Show'' on Newsmax TV.

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"The interests of marriage, according to the government, are related to the interests of children, the fact that every child needs a mother and a father."

On Sunday, the U.S. Supreme Court left standing the order against Proposition 8, decided by the Ninth Circuit.

Infranco argues that the appellate decision on Proposition 8, California's gay marriage ban, is insufficient under the California state Constitution to overturn a law approved by the electorate.

"Proposition 8 was not on struck down, it was not found unconstitutional. It was simply held that the proponents did not have standing," he said.

"So I would say that it's not the end of the line. It was clearly a setback. But the future of Proposition 8 remains up in the air."

But he is not clear on what his group's next move will be.

"We're exploring our options and we're going to take further action on it . . . The exact nature of the action is not certain right now," Infranco said.

"There are ramifications to anything you do and because there are options between the state court and the federal court, we are carefully looking at how things could play out … but Proposition 8 remains the law of the state of California because there is not an appellate court decision striking it down."

Infranco said he is alarmed at the speed at which California has allowed same-sex weddings to resume.

"There are very significant public policy questions that have to be answered in this debate . . . Why the rush to hit into this?" he said.

"The other side is attempting to foreclose the debate to get people to think this is a foregone conclusion, and it is certainly not.

"We have 38 states that still define marriage as one man and one woman and this is a nationwide battle, a nationwide debate. It's going to continue."

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