CALI Supreme Court upholds Prop 8
My thoughts are straight and to the point, the court made the right decision and those upset need to suck it up and deal. For those not following the same court ruled not long ago that the state had to recognize gay marriage based on the constitution. So people rose up and petitioned to have the constitution amended to say marriage would only be recognized as between a man and a woman. The measure made it to the ballot and the people supported it by 52%. Clean and clear victory, Constitution amended.
The court had no choice but to make the decision they did today. Now the court also ruled that those marriages which went through between their ruling and the passing of Prop 8 stood. This again was the obvious decision. Those who were married had the ceremony performed when it was legal and Prop 8 let those stand.
The Supreme Court should never have gotten itself involved in legislating from the bench and because of their actions there is now a minor problem. 18,000 gay couples now have a legal title that all other gay couples cannot receive. The people of California followed the law and chose to uphold a historic tradition and legal definition. Never in our history has marriage been defined in this country as between any couple other than a man and a woman. This new distinction in several states is a change and the California court chose to usurp the power of the voters and legislators. Voters took that power back.
This is exactly why conservatives fear judicial activism. People get hurt in the process and bad precedent and law is enacted. California is now in the precarious position of giving a special legal distinction to a few couples who chose to get married during a very short period of time.
Regardless of how one feels about gay marriage this was a legal decision plain and simple. California activists can propose new ballot measures overturning Prop 8 or creating domestic partnerships and then allow the people to vote again.
