August 4th, 2010
05:46 PM ET
Within moments of a federal judge striking down California's same-sex marriage ban Wednesday, religious conservatives vowed to fight the ruling all the way to the Supreme Court, saying the decision threatens gay marriage bans nationwide.
"This lawsuit, should it be upheld on appeal and in the Supreme Court, would become the 'Roe v. Wade' of same-sex 'marriage,' " said Family Research Council President Tony Perkins, referring to the 1973 decision that legalized abortion.
Perkins and other conservatives said the ruling, which found California's gay marriage ban unconstitutional, would overturn marriage bans adopted by dozens of states if it is upheld.
Perkins told CNN he will work to make the ruling an issue in this fall's midterm elections. "This is the age of the Tea Party, where you have people saying government is not listening," Perkins told CNN. "And here you have a judge saying seven million people (who supported California's Proposition 8 ) don't matter."
Some conservatives began calling for a renewed push to pass a constitutional amendment banning gay marriage, an effort that was largely abandoned after it failed during President George W. Bush's administration.
"Many senators who voted against the federal marriage amendment the last time it came up said publicly if a federal court interfered with a state's right to determine this issue, they would then be willing to vote for a federal marriage amendment," said Richard Land, who heads public policy for the Southern Baptist Convention. "Ladies and gentlemen, prepare to vote."
Chief U.S. District Judge Vaughn Walker ruled Wednesday that California's Proposition 8, which passed via a 2008 ballot initiative, violates the 14th Amendment's equal protection clause. The case is now expected to go to the 9th Circuit Court of Appeals.
The decision marks the first time a federal judge has ruled that the U.S. Constitution protects the right of same-sex couples to marry, according to the Pew Forum on Religion and Public Life.
Though they denounced the decision, conservatives said they anticipated it and had been planning their next legal and political steps for months.
"We have a strong team of attorneys and they knew we were not only arguing this before a single judge, we were planning an argument that would go through the 9th Circuit and the Supreme Court and they made decisions based on that," said Ron Prentice, chairman of the executive committee of ProtectMarriage.com, a California-based coalition.
"This is round one of what we knew would be a multi-round battle," Prentice said.
Beyond challenging Wednesday's ruling in court, conservative activists said they will try to hammer home the message that the final Proposition 8 ruling will determine the constitutionality of other state bans on gay marriage.
"A lot of Americans sitting back right now probably don't realize that this case involves more than California," said
Bruce Hausknecht, judicial analyst with CitizenLink, the public policy arm of Focus on the Family. "This case is not about Prop. 8, it's about all 50 states."
A Gallup poll last May found that 44 percent of Americans support legal recognition of same-sex marriage, while 53 percent do not.
Since the late 1990s, 41 states have adopted constitutional amendments or other laws banning gay marriage, according to the Human Rights Campaign, a gay rights group.
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