Andrew Sullivan and others twisted and contorted to assure readers that what happens in Massachusetts stays in Massachusetts. He’s wrong. Gay marriage will be imposed not by the peoples representatives, but via the bench. Funny I was saying the same thing last month when it was New York, today it’s California.
SAN FRANCISCO (AP) – A judge ruled Monday that California’s ban on gay marriage is unconstitutional, saying the state could no longer justify limiting marriage to a man and a woman.
In the eagerly awaited opinion likely to be appealed to the state’s highest court, San Francisco County Superior Court Judge Richard Kramer said that withholding marriage licenses from gays and lesbians is unconstitutional.
“It appears that no rational purpose exists for limiting marriage in this state to opposite-sex partners,” Kramer wrote.
The judge wrote that the state’s historical definition of marriage, by itself, cannot justify the denial of equal protection for gays and lesbians.Judicial activism – it’s whats for dinner…
Update: Law professor Eugene Volokh notes that what some have, in the past, called “hysterical,” “emotional scare tactic[s],” or “canards” may well have been quite reasonable predictions. Interestingly he’s not referring to the standard denials of same sex marriage advocates, rather he’s looked back to the Equal Rights Amendment era.