Gay Marriage Ban In California Is Upheld
In reversing the March 2005 ruling of a San Francisco trial judge, the 1st District Court of Appeal agreed with the state’s attorney general, who argued it is up to the Legislature, not the courts, to change the traditional definition of marriage as a union between a man and a woman.
“We conclude California’s historical definition of marriage does not deprive individuals of a vested fundamental right or discriminate against a suspect class,” the court said. “The time may come when California chooses to expand the definition of marriage to encompass same-sex unions. That change must come from democratic processes, however, not by judicial fiat.”
I applaud the court for their stance on this. They are correct that this decision must be made via a democratic process. Put it on the ballot and have the citizens decide.
California’s ban on same-sex marriage does not discriminate against gays and lesbians because of the state’s strong domestic partner law. Following Kramer’s decision, the Legislature last year became the first lawmaking body in the nation to legalize gay marriage. Gov. Arnold Schwarzenegger vetoed the bill, saying it was up to voters or the courts, not lawmakers, to settle the contentious issue.
October 5, 2006 - 09:29 PM on October 5th, 2006
Looks like not all judges are liberal activists like they have in the infamous 9th circut court:grin:
October 6, 2006 - 10:55 AM on October 6th, 2006
I’m a long-time californian and am amazed at this ruling. There still exists a judge that will actually uphold the general will of the people.