Showing posts with label Courts. Show all posts
Showing posts with label Courts. Show all posts

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.

Vatican as Defendant

Reported today in the WSJ is a ruling by the Cincinnati Circuit Court of Appeals allowing a lawsuit to move forward that may implicate the Vatican in the U.S. abuse scandal. My understanding is that the U.S. Bishops are fairly autonomous in matters of this detail, punishing or covering up for clerical abuse, and that the Vatican will not be liable. I see the latest step as simply a move to "go for the money" and I hope it fails.