Thursday, May 15, 2008

Judicial Fiat

The California Supreme Court today declared gay marriage to be legal, or rather that limiting "marriage to a man and a woman was against the Equal Protection clause in the California Constitution. Gay unions is really besides the main point. The point is -- who is better suited to judge what is right and moral in a society? The "people of California" (who voted 61% to 39% in favor of Prop 22 in the year 2000 which defined marriage as a union between a man and a woman) or 4 appointed Justices who overturned the vote of millions of Californians with the stroke of a pen.
Hopefully this is a bridge too far and folks will wise up. This is going to ramp up Constitutional Amendment talks at the state and federal levels. And who can blame those of us on the conservative side? Why should we trust judges who ignore the mandate of the electorate on controversial issues? Constitutional amendments scare me because tinkering with the document is always dicey (law of unintended consequences and all that), but judges cannot be trusted to use judicial restraint.

Here's the opinion from the CA Supreme Court.

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