Yesterday, in a 4 to 3 decision, the California Supreme Court hijacked the legislative authority of the State and the will of the people of California by quashing a law passed by the people, known as Proposition 22 (2000). View the Opinion Here (172 pages 468kb)
Prop. 22 changed the California Family Code providing that only marriage between a man and a woman shall be recognized by the State and was passed by a margin of 61% to 39%, recieving over 4.5 million votes to enact the law.
Four lawyers in black robes (Ronald George, Joyce Kennard, Kathryn Mickle Werdegar & Carlos Moreno) decided that the scope of the court extends to legislative powers.
I guess I should have started with this, but I’ll say it now. I am not making a comentary on gay marriage. Personally, as a christian and a conservative I really don’t care if same sex marriage is allowed or not. The only bad thing that would come from that is that divorce lawyers are about to get much, much wealther. Where I have my major problem is with the Judicial branch of government overstepping their bounds and once again, exercising powers that properly belong to another branch of government or to the people directly. This has been a major problem throughout our history – a handful of men and women in black robes decide the course of our nation.
Amending the Constitution of the United States to ban gay marriage is absolutely the wrong way to go. I truly believe this is an issue that does belong with the States and not in the hands of the Federal Government. What Californians need to do now is amend their Constitution. I don’t say this because I am in favor or against a ban on gay marriage. I say this because the vast majority of Californians are against gay marriage as evidenced in their 61% favorable vote to ban it.
My advice to Californians – Vote against the activist Justices next time they come up for retention (George in 2010, Werdegar & Moreno in 2014 and Kennard in 2018) and vote to change your State Constitution since it is your will. You may also want to consider a Constitutional amendment to specifically restrict judicial powers to ruling on the law.
Abraham Lincoln said in the Gettysburg Address “that this nation, under God, shall have a new birth of freedom — and that government of the people, by the people, for the people, shall not perish from the earth.” Well, Mr. Lincoln…I’m afraid your vision has already perished with a judiciary full of activist judges who apperently have the power to determine their own powers regardless of what the Constitution says.
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