Presentation of Evidence Concludes in Perry v Schwarzenegger Federal Trial

Jan 27, 2010, 23:42 ET from ProtectMarriage.com

SAN FRANCISCO, Jan. 27 /PRNewswire-USNewswire/ -- The following statement can be attributed to Andy Pugno, general counsel for ProtectMarriage.com:

Today concluded the presentation of evidence in the federal trial, Perry v. Schwarzenegger, challenging Prop 8's definition of marriage as only between a man and a woman. Our Prop 8 Legal Defense Team did a remarkable job in defending the will of over 7 million California voters who passed it into law.

"What may be lost in all the sensationalism of the past two and a half weeks of trial is that the burden of proof to invalidate Prop 8 lies squarely with the plaintiffs. They cannot win unless they prove that the voters were "irrational" when they chose to preserve the traditional definition of marriage in our state. Contrary to their public relations claims, the outcome of this case does not depend on whether the Prop 8 sponsors can prove that homosexual marriage will harm traditional marriage. The controlling legal issue is not whether homosexual marriage is good or bad, but rather whether the people have the right to decide what is best.  The plaintiffs simply did not carry that burden.

"Meanwhile, we have shown that limiting marriage to its longstanding definition is rational because marriage benefits children, not just the adults. Whenever possible, it is best for a child to have both a mother and a father. And man-woman marriage is the only human relationship that can biologically serve that distinctive purpose.  A same-sex relationship can never offer a child both a mother and father. It's that simple.

"The plaintiffs put on a spectacular show-trial of irrelevant evidence, calling to the stand many "expert" witnesses to testify that allowing homosexual marriage would: help local governments raise more tax revenues, help gay and lesbian couples to accumulate greater wealth, and improve the self-esteem of homosexuals.  But those are political arguments for society to consider, not legal support for the claim that the US Constitution contains the right to homosexual marriage. The courtroom is simply not the proper forum for what is clearly a social, not a legal, appeal."

SOURCE ProtectMarriage.com



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