Tuesday, November 25, 2008

Activist California Courts

The Citizens of California passed a ballot initiative defining marriage between man and woman. The California Supreme Court then ruled 4-3 that this law was unconstitutional. Just this November, the Citizens of California passed Proposition 8 amending the California Constitution declaring marriage between a man and a woman - thereby over ruling the Court. Now the Court will review the validity of this measure. This is a perfect case of Judicial Activism - the courts stepping in and clearly overriding the Will of the People - even after the people reasserted their position and over ruled the courts!

All this in a state whose domestic partnerships gives the rights of marriage, lacking only in name. Clearly, this is not a civil rights issue (in which case domestic partnerships would be enough) but rather an attempt to undermine marriage and the principles that underpin it.

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