In an effort to keep the Craigorian Staff happy (The pay is a little low and I fear losing them to rival blogs) Today we highlight the following neglected story:
In a victory for gay rights groups, a California Superior Court judge ruled on Monday that the state's voter-approved ban on homosexual marriage is unconstitutional.
A victory for the forces of light indeed. I was out driving today and the AM Shouters were, well, shouting about it. I do need to sound a note of caution, however:
Both gay marriage advocates and opponents said the decision was just one step in a legal battle that may continue for years. Similar disputes are under review in other U.S. states.
"This is an important day but hardly is this effort complete," San Francisco Mayor Gavin Newsom told reporters. "It is inevitable there will be an appeal.
This is going to go on for a long while yet. The ruling is not in effect until it runs its course in appeals. Also I'm a little worried about trying to get gay marriage in the courts in defiance of pretty clear popular majorities against it. But still, go team!
4 comments:
This is not a popular opinion, I know, but this is an action that will have to take place in the courts and precisely because of the majority opinion. What it seems that most of the country has forgotten is that the constitution does not define the US as a majority rule democracy. In theory, a major function of the bill of rights is to protect the minority from oppression by the majority. I realize it hasn't necessarily worked this way in practice, but there are a few cases (inter-racial marriage, for one) where those safe-guards have actually been allowed to work. I'm hoping against all evidence that it will happen here.
What does this ruling imply?
Can Gavin Newsom allow San Francisco to resume issuing marriage licenses? If not, what else remains in the way?
Nothing Takes Effect till all the appeals are done. Gavin Newson will have to sit on his hands or do some real Mayor stuff.
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