As reported by Brietbart.com:
Who would have guessed that a court in California would actually be limited to its "proper function?" There may be hope after allSAN FRANCISCO (AP) - 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.
1 comment:
Your guarded optimism is very encouraging, but consider if the following were reported around 1866.
WASHINGTON DC (AP) - The US Supreme Court upheld the 13th amendment ban on slavery, but it also decided that the 3,953,760 people owned before the law took effect will remain in bondage.
As the Dred Scott decision shows, getting half of the decision right can be very dangerous.
Post a Comment