Post by jgaffney on May 26, 2009 13:14:12 GMT -5
Breitbart reports:
The California Supreme Court upheld a voter-approved ban on same-sex marriage Tuesday, but it also decided that the estimated 18,000 gay couples who tied the knot before the law took effect will stay wed.
The 6-1 decision written by Chief Justice Ron George rejected an argument by gay rights activists that the ban revised the California constitution's equal protection clause to such a dramatic degree that it first needed the Legislature's approval.
The court said the people have a right, through the ballot box, to change their constitution.
"In a sense, petitioners' and the attorney general's complaint is that it is just too easy to amend the California constitution through the initiative process. But it is not a proper function of this court to curtail that process; we are constitutionally bound to uphold it," the ruling said.
The announcement of the decision set off an outcry among a sea of demonstrators who had gathered in front of the San Francisco courthouse awaiting the ruling. Holding signs and many waving rainbow flags, they chanted "shame on you." Many people also held hands in a chain around an intersection in an act of protest.
Gay rights activists immediately promised to resume their fight, saying they would go back to voters as early as next year in a bid to repeal Proposition 8.
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Regardless of how you feel about gays and their rights, it is refreshing to see a Supreme Court that knows its limits. Too many times in the past, a Supreme Court has written law, rather than interpret law. This will also be the benchmark for President Obama's nomination to the federal Supreme Court.
I'm glad that the gay rights activists have chosen to come back to the voters with a ballot measure to repeal Prop 8. In the past, their tactic has been to castigate supporters of gay marriage bans, then fight the resulting issue in court. This time, they will take their case to the people. It will be interesting to see how that comes out, considering that the voters in California have voted twice to define marriage as a heterosexual union.
The California Supreme Court upheld a voter-approved ban on same-sex marriage Tuesday, but it also decided that the estimated 18,000 gay couples who tied the knot before the law took effect will stay wed.
The 6-1 decision written by Chief Justice Ron George rejected an argument by gay rights activists that the ban revised the California constitution's equal protection clause to such a dramatic degree that it first needed the Legislature's approval.
The court said the people have a right, through the ballot box, to change their constitution.
"In a sense, petitioners' and the attorney general's complaint is that it is just too easy to amend the California constitution through the initiative process. But it is not a proper function of this court to curtail that process; we are constitutionally bound to uphold it," the ruling said.
The announcement of the decision set off an outcry among a sea of demonstrators who had gathered in front of the San Francisco courthouse awaiting the ruling. Holding signs and many waving rainbow flags, they chanted "shame on you." Many people also held hands in a chain around an intersection in an act of protest.
Gay rights activists immediately promised to resume their fight, saying they would go back to voters as early as next year in a bid to repeal Proposition 8.
Regardless of how you feel about gays and their rights, it is refreshing to see a Supreme Court that knows its limits. Too many times in the past, a Supreme Court has written law, rather than interpret law. This will also be the benchmark for President Obama's nomination to the federal Supreme Court.
I'm glad that the gay rights activists have chosen to come back to the voters with a ballot measure to repeal Prop 8. In the past, their tactic has been to castigate supporters of gay marriage bans, then fight the resulting issue in court. This time, they will take their case to the people. It will be interesting to see how that comes out, considering that the voters in California have voted twice to define marriage as a heterosexual union.
