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ADF's latest attempt to take focus off their terrible court presentation

by Jeremy Hooper

This is the graphic and text that the ever-deceptive Alliance Defending Freedom (formerly the Alliance Defense Fund) is using to illustrate its latest legal attempt to stop marriage equality in California:

Screen Shot 2013-07-15 At 12.59.11 Pm

Ridiculous. No one is denying that Proposition 8 happened. But what the Alliance Defending Freedom is, in fact, doing is pretending that the judiciary has a say in determining whether or not ballot initiatives are constitutionally sound. This is a remarkably silly (and anti-intellectual) claim for a legal group to make!

Yes, millions voted for and against Prop 8. And yes, Prop 8 passed. But even had it failed, it still would have been wrong. Its very essence was wrong. It was rooted in animus, fostered by religious overreach, and passed by the sort of majority fervor that has always posed a threat to minority rights. Courts have always had a role in this process of protecting minority rights, and now is no different.

The Alliance Defending Freedom went to court (as co-counsel on Prop 8) to defend what their side did, and they failed by every measure. Remember, even those on the far-right publicly complained about what a subpar job the ADF did in court! This legal team had just as much chance to make a credible case as our side, but they simply could not do it. Their defense of Prop 8 was laughably bad. Heck, their star witness, David Blankenhorn, spoke in favor of marriage equality, and has since come out as a full-on supporter! That is a poetic summary of the entire case the Prop 8 proponents put up to defend this terrible stain on history. Calling their arguments feeble would be downright generous.

They had the chance to tell us why this ballot initiative was not the injustice that we all thought it was, and they BLEW IT. Of course the Alliance Defending Freedom hates the outcome—they are the ones who delivered it! We know they don't want to respect LGBT people and families (seriously folks—we get it!), but they need to at least stop acting like the fair judicial process is itself some sort of great injustice done. This is an alliance of lawyers, after all.

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