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Schadenfreude Alert: Liberty Counsel Blames ADF For Prop 8 Decision

Jim Burroway

August 4th, 2010

This is hilarious. Matt Staver’s Liberty Counsel, which is closely aligned with Jerry Falwell’s Liberty University, issued a press release blaming the Prop 8 decision on the Alliance Defense Fund:

Although Liberty Counsel has defended the marriage laws in California since the battle began in 2004, the Alliance Defense Fund, representing the Prop 8 initiative, opposed Liberty Counsel’s attempt to intervene on behalf of Campaign for California Families. The California Attorney General did not oppose Liberty Counsel’s intervention, but ADF did. Liberty Counsel sought to provide additional defense to Prop 8 because of concern that the case was not being adequately defended. After ADF actively opposed Liberty Counsel, ADF presented only two witnesses at trial, following the 15 witnesses presented by those who challenged the amendment. Even Judge Walker commented that he was concerned by the lack of evidence presented by ADF on behalf of Prop 8. Liberty Counsel will file an amicus brief at the court of appeals in defense of Prop 8.

The California Supreme Court previously stated, “The right of initiative is precious to the people and is one which the courts are zealous to preserve to the fullest tenable measure of spirit as well as letter.” Moreover, the U.S. Constitution cannot be stretched to include a right to same-sex marriage.

Except for this case, since Liberty Counsel was excluded by ADF, Liberty Counsel has represented the Campaign for California Families to defend the state’s marriage laws since 2004 and has argued at the trial, appellate and state Supreme Court levels.

They’re really furious at ADF. You can tell because they don’t get around to blaming judicial activism until the final paragraph:

Mary McAlister, Senior Litigation Counsel for Liberty Counsel, commented: “This is a classic case of judicial activism. The Constitution is unrecognizable in this opinion. This is simply the whim of one judge. It does not reflect the Constitution, the rule of law, or the will of the people. I am confident this decision will be overturned.”



L. Junius Brutus
August 4th, 2010 | LINK

Liberty Council seems to be (even) more extreme and rabid than ADF, because the reason ADF opposed their intervention, is because the extreme and bigoted character of the organization LC was representing would hurt the pro-Prop. 8 case. Apparently, LC didn’t care.

August 4th, 2010 | LINK

They should be blaming each other because the lawyers

Which lawyer was it who said that the judge should look up marriage in the dictionary during his closing arguemtns?

I’m no lawyer, but even I knew that was stupid!

Timothy Kincaid
August 4th, 2010 | LINK

If the Alliance Defense Fund and Liberty Counsel would like to settle their dispute in the manner of the founding fathers, I’m sure we could find some dueling pistols.

Jim Burroway
August 4th, 2010 | LINK

They’d probably both aim and miss though.

Lindoro Almaviva
August 4th, 2010 | LINK

well, it is true that they are so obsessed with purity that they will turn against each other.

paul j stein
August 4th, 2010 | LINK

Let the religious freaks beat on each other and give us a break. Maybe if we are lucky they will start a religious war and off each other without too much co-lateral damage.

August 4th, 2010 | LINK

And the circular firing squad begins.

August 4th, 2010 | LINK

hmm… what’s interesting to me is that both sides kept others out. But in our case, the established groups who wanted to pull back were kept out (while Olson and Boies shot for the moon!), while in their case, the ones who wanted to go for the bigotry moon were kept out (while their lawyers tried to sound more reasonable). Overton window, anyone?
This is good. =)

August 4th, 2010 | LINK

I wonder how James Dobson feels, ADF was his creation and litigation arm.

Carpool Kathleen
August 17th, 2010 | LINK

This release is kind of like they’re taking an add out in the paper: WE’RE GOOD LAWYERS. CALL US.

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