Post-Goodridge Court Victories Piling Up against SSM/Maggie Gallagher

In a press release about filing an amicus brief in the New Jersey SSM litigation, the Alliance Defense Fund lawyer makes this point:

ADF Senior Legal Counsel Chris Stovall "explained that there exists a misperception that protecting marriage as a union between one man and one woman is winning only in the legislature and not in the courts. He pointed to the majority of cases in the appellate courts in the past few years where judges ruled in favor of protecting marriage as a union between one man and one woman.

"Except for the Goodridge opinion in Massachusetts, every American appellate court that has evaluated laws protecting marriage as one man and one woman in the last 10 years has found those laws to be legitimate, appropriate, and constitutional," said Stovall.

"When others say that many courts have ruled otherwise, they are referring to the trial courts, where some activist judges have embedded their own personal views into their decisions," Stovall added. "This is not the case at the appellate level, such as the excellent appellate decision we are asking the New Jersey Supreme Court to affirm in this case, Lewis v. Harris."

Examples of appellate courts ruling in favor of marriage as one man and one woman in the past few years are Standhardt v. Superior Court in Arizona (2003), Morrison v. Sadler in Indiana (2005), the New Jersey appellate ruling in Lewis v. Harris (2005), and the Hernandez v. Robles decision in New York (2005). . . "
posted by maggie at 12:02 PM VOTE

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