SAN 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.
Demonstrators outside the court yelled "shame on you!"
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 Californians 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 justices said the 136-page majority ruling does not speak to whether they agree with Proposition 8 or "believe it should be a part of the California Constitution."
They said they were "limited to interpreting and applying the principles and rules embodied in the California Constitution, setting aside our own personal beliefs and values."
I'm floored.
The California Supreme Court set aside their own personal beliefs and values and applied the state constitution as written!
This must be another sign of the Apocalypse.
Tuesday, May 26, 2009
Some judges get one right
Posted by Lemuel Calhoon at 3:33 PM
Labels: Gay Marriage, Good News, Judicial Activism
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