- The Paragraph
- May 26th, 2009
Those railing against the California Supreme Court (or California in general) need to read this paragraph from the introduction to the ruling:
In addressing the issues now presented in the third chapter of this narrative, it is important at the outset to emphasize a number of significant points. First, as explained in the Marriage Cases, supra, 43 Cal.4th at page 780, our task in the present proceeding is not to determine whether the provision at issue is wise or sound as a matter of policy or whether we, as individuals, believe it should be a part of the California Constitution. Regardless of our views as individuals on this question of policy, we recognize as judges and as a court our responsibility to confine our consideration to a determination of the constitutional validity and legal effect of the measure in question. It bears emphasis in this regard that our role is limited to interpreting and applying the principles and rules embodied in the California Constitution, setting aside our own personal beliefs and values.
That's the issue here. Your venom is misplaced. This ruling is a matter of law and there was very little chance that Prop 8 would be overturned. They didn't rule on the merits of the issue, nor should they have. If you honestly believe that the beliefs of the judges should come in to play, are you prepared for that to happen on matters of, say, abortion? Or religious issues?
Of course not.