I like this ruling. It is the only one the justices could have arrived at. It makes the entire system look ridiculous, because the California Supreme Court had to reverse itself in the face of mass hysteria which proves that 'the will of the people' is not always the moral or even constitutional viewpoint.
I like this ruling because 36,000 gay Californians (of all descriptions) now have a civil right that the rest of us as yet unmarried gay people will not now have access to. This is now the beginning of a fight which we can, and will win.
I like this simply because it might actually herald the beginning of the end of the insanity of the proposition and initiative process. We elect through the ballot box the legislators the majority of a communty wishes to send to work for us. The ballot box to unseat a reresentative is the process by which we as electors can and should change the course of legislative and judicial decisions. Not through initiatives funded by Mormons or corporations, Indian tribes or even unions with spokespeople from soap operas or sports teams.
Time is on our side.
Jill, I think you are right. :-) This ruling shows you can adhere to the letter of the law, but if the law is an ass in the first place, there is injustice.
Posted by: Deb in Minnesota | May 27, 2009 at 06:55 AM
Yeah. I think the ruling they took as a court last year - same 6 republican and 1 democrat justices - saying that it was unconstitutional to ban gay marriage was the right moral and legal ruling. But after Prop 8's passage they also had to uphold California's nutty system that allows constitutional amendments as if we were changing breakfast cereal. They essentially threw this back to the voters - and that's where our advantage lies. It is just a matter of time....one of the keys is to undo the damage done between African American voters and gay activists when the black community was riled, insulted, offended by the analogies about 'civil rights'. One conservative black commentator said 'Prop 8 was payback. You don't co-opt our battle to undo the taint of slavery for your lifestyle choice'. It's a sad and pitiable argument, but if that's the reality behind the large % of Yes on 8 votes in the black communities - then we have to do better next time to undo that mis-step.
Posted by: Jill | May 27, 2009 at 09:00 AM