A few months ago, the California Supreme Court overruled the will of the California voters and announced that gay marriage was a fundamental right. The voters responded by changing the California Constitution to state that, in California, marriage is between one man and one woman. As you know, if it were up to me, I’d get the state out of the “marriage” business altogether, leaving it to religions, and limiting the state to civil unions. Second best to that, though, is that marriage remain what it has been in Western culture for thousands of years: a male/female thing.
What do you bet, though, that the California Supreme Court, smarting from the rebuff that the voters issued, will once again sweep aside the people’s will and announce that gay marriage is so fundamental a right that it cannot even be addressed through constitutional amendment:
California’s highest court has agreed to hear legal challenges to a new ban on gay marriage, but is refusing to allow gay couples to resume marrying until it rules.The California Supreme Court on Wednesday accepted three lawsuits seeking to overturn Proposition 8. The amendment passed this month with 52 percent of the vote. The court did not elaborate on its decision.
All three cases claim the ban abridges the civil rights of a vulnerable minority group. They argue that voters alone did not have the authority to enact such a significant constitutional change.
UPDATE: At Power Line, there’s a feeling that the anti-Prop. 8 party’s briefs are so awful that they don’t give the California Supreme Court a legal leg to stand on when it comes to declaring unconstitutional the California constitution.