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Activist Supreme Court Judges in California Override the Voters and the Governor: Legalize Gay Marriage (Updated from FRC - California Marriage Law: 4,618,673 to Four)

May 15, 2008 by Jenn Sierra  
Filed under Uncategorized

Updated, from Tony Perkins of the FRC:

After a brief period of judicial restraint, California voters watched in horror this afternoon as judicial activism returned with a vengeance in one of the most egregious rulings in American jurisprudence. It took just four activist judges to overturn the historical definition of marriage, not to mention the vote of more than four and a half million Californians, as the state supreme court issued a much-anticipated ruling on the question of same-sex “marriage.”

By a 4-3 margin, the justices struck down a law, adopted by 61 percent of voters in 2000, which defined marriage as the union of one man and one woman. By imposing same-sex “marriage” on voters, the California Supreme Court knowingly usurped the right of the people to effect change in public policy. This outcome is even more troubling than Massachusetts’, in that California voters had already won the right to put a marriage protection amendment on the ballot in November.

If the court cared at all about the democratic process, it would have stayed its decision until the people’s voice was heard on the November amendment. Instead, these justices trampled on the legislature and created same-sex marriage by judicial fiat. This is nothing more than a judicial shotgun wedding that forces a redefinition of marriage on the people of California and potentially the rest of the nation. We trust that the voters of California will act in November to correct this exercise in judicial activism and to permanently enshrine the traditional definition of marriage in the state constitution.

Clearly, this decision highlights the need for a federal amendment defining marriage in the U.S. Constitution. Only then will this campaign to shatter the family’s foundation be ended once and for all.

KPIX TV in San Francisco is reporting:

In a monumental victory for the gay rights movement, the California Supreme Court overturned a voter-approved ban on gay marriage Thursday in a ruling that paves the way for allowing same-sex couples in the nation’s biggest state to tie the knot.

Domestic partnerships are not a good enough substitute for marriage, the justices ruled 4-3 in an opinion.

Outside the courthouse, gay marriage supporters cried and cheered as news spread of the decision.

[...]

California already offers same-sex couples who register as domestic partners the same legal rights and responsibilities as married spouses, including the right to divorce and to sue for child support.

But, “Our state now recognizes that an individual’s capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual’s sexual orientation,” Chief Justice Ron George wrote for the court’s majority.

Challenges remain for gay rights advocates despite the ruling.

A coalition of religious and social conservative groups is attempting to put a measure on the November ballot that would enshrine laws banning gay marriage in the state constitution. The Secretary of State is expected to rule by the end of June whether the sponsors gathered enough signatures to qualify the marriage amendment, similar to ones enacted in 26 other states.

If voters pass the measure in November, it would trump the Supreme Court decision.

[...]

Gov. Arnold Schwarzenegger, who has twice vetoed legislation that would’ve granted marriage rights to same-sex couples, said in a statement that he respected the court’s decision and “will not support an amendment to the constitution that would overturn this state Supreme Court ruling.” (more)

Hat-Tip: Leslie Carbone

Also see Michelle Malkin: Gay pride stickers in, pro-life shirts and Marine uniforms out

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9 Responses to “Activist Supreme Court Judges in California Override the Voters and the Governor: Legalize Gay Marriage (Updated from FRC - California Marriage Law: 4,618,673 to Four)”

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  1. BOB BARR ON CALIFORNIA’S GAY MARRIAGE YHIPPEE FESTIVAL OF GAYNESS AND GAYHOOD | Democrat=Socialist
  2. Caffeinated Thoughts
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Comments

  1. Faultline USA on May 15th, 2008 4:29 pm

    Jenn:
    We’ve got to be prepared for this kind of thing to happen on a daily basis across the nation once a Democrat gets into the White House. I only hope that conservatives will pull together and vote for the lesser of evils rather than stay home and kiss their booboos! Justices that legislate from the bench have all but destroyed the balance of power in this country!!!

  2. Society of Christians for the Restoration of Old Testament Morality on May 15th, 2008 5:24 pm

    Marriage should be exactly as the Bible commands, without alterations to make it more politically correct for modern liberals. We wonder how many people in this apostate society even know what the Bible says about marriage.

  3. Terry Linderman on May 15th, 2008 7:05 pm

    Once again, I must ask the question. Why is the state involved in marriage at all? The church sanctions marriage to strengthen the family. The state, for all of its claims to the contrary, uses marriage to regulate, interfere with, and ultimately control the family. The state attaches myriad tax consequences, employee benefits, and even property rights to marriage. Without those, the issue of gay marriage would be a non-event. So here again, the politicians pompously stake out self-righteous positions, for and against an issue which doesn’t belong in the public sphere at all. And thereby justify ever greater state interference in the private lives of its citizens.

  4. Buffoon on May 15th, 2008 7:10 pm

    I linked to and trackbacked to this post but its not showing up… is your trackback thingy working?

  5. Jenn Sierra on May 15th, 2008 10:48 pm

    Buffoon, the trackback “thingy” seems to have a mind of it’s own. The trackback url is the same as the post url, and theoretically, if you use that, there should be a trackack/pingback. Often they go to the spam folder, but I clean that out a couple times a day, and I haven’t seen your trackback there, yet, either. Sorry.

  6. Jenn Sierra on May 15th, 2008 10:53 pm

    Ooops…spoke too soon, Buffoon (hey, that rhymes!)…there it is, now…#2.

  7. John Gonzales on May 16th, 2008 7:13 pm

    According to what I just read. California Supreme Court justices are appointed for 12 years. When will the justices that voted against the will and wishes of the people they represent come up for re election?

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