A Limit to Judicial Activism

July 17, 2008

They finally got one right!  After two of the worst, most politically motivated decisions in history, the California Supreme Court finally issued a rational decision. The Court threw out a challenge to this fall's ballot initiative seeking to enshrine traditional marriage in the California constitution.  The challenge was the latest attempt by social leftists to prevent the people of California from deciding an absolutely fundamental issue - the definition of marriage.  Of course, the traditional definition of one man and one woman was thrown into dispute because the same California Supreme Court held that "limiting" marriage to one man and one woman was discriminatory against homosexuals who wished to marry one another.  They then followed that up by what might be the most undemocratic action of all: refusing to "stay" the legal effect of their decision until the people of California could decide the issue in the fall.

Apparently, the chief justice and others are convening meetings to, as they call, it "preserve impartial courts in California."  It is hard not to laugh.  Exactly what is "impartial" about outlawing marriage as an "irrational" institution?  Or about refusing to stay that decision until the people can vote?