May 16 2008
No Brainer alert: California declares marriage a constitutional right for Gays
The ruling comes as no surprise, really.
The California Supreme Court, striking down two state laws that had limited marriages to unions between a man and a woman, ruled on Thursday that same-sex couples have a constitutional right to marry.
The 4-to-3 decision, drawing on a ruling 60 years ago that struck down a state ban on interracial marriage, would make California the second state, after Massachusetts, to allow same-sex marriages.
Again, is anyone actually surprised?
The decision, which becomes effective in 30 days unless the court grants a stay, was greeted with celebrations at San Francisco City Hall, where thousands of same-sex marriages were thrown out by the courts four years ago.
And the issue will not go away...
It was denounced by religious and conservative groups that promised to support an initiative proposed for the November ballot that would amend the California Constitution to ban same-sex marriages and overturn the decision.
And that brings up a serious question: Is a mandate from the people really the important factor here?
So they vote to amend their constitution to ban it. What if California voted in a measure to ban people of a race, and to do so by constitutional amendment?
The Majority may rule, but they are not always right. Just something to thjink about.
My feelings on the issue hinge more from how the federal and state governments own marriage in the first place, rather than on moral or religious feelings. So the ruling does nothing for me except on one level: Once again the Courts are legislating from the bench, as the dissenting opinion makes note that the matter should be resolved by the legislature.
In a dissent, Justice Marvin R. Baxter said the majority should have deferred to the Legislature on whether to allow same-sex marriage, particularly given the increased legal protections for same-sex couples enacted in recent years.
Ann Coulter has done it again, and done it big. One thing you can count on is that the High Priestess of Anti-Liberalism will never drop out of site for very long.









