California Supreme Court Trashes Traditional Marriage

Posted on May 15, 2008. Filed under: Gay Agenda, Liberal Idiots, Political Correctness, Politics |

Apparently, according to the CA Supreme Court, it doesn’t matter what the majority of Californians want!! Even though we voted by a wide majority against same sex marriage several years ago, the court overruled it as unconstitutional. These activist judges don’t enforce the laws or the constitution, they make up their own rules!!! Sickening!! Read the two articles below for more info.

Black robes trash traditional marriage
Now California statutes limiting institution to opposite-sex couples ‘unconstitutional’

Posted: May 15, 2008
By Bob Unruh
© 2008 WorldNetDaily

The California Supreme Court today trashed society’s traditional institution of marriage, opening it up for same-sex duos because retaining the historic definition “cannot properly be viewed as a compelling state interest.”
In a 4-3 decision replete with concurring and dissenting opinions filed by individual members of the court, the majority opinion determined state laws specifying marriage as being between a man and a woman were unconstitutional.
“First, the exclusion of same-sex couples from the designation of marriage clearly is not necessary in order to afford full protection to all of the rights and benefits that currently are enjoyed by married opposite-sex couples,” the court opined. “Permitting same-sex couples access to the designation of marriage will not deprive opposite-sex couples of any rights.”
Second, the court said, “Retaining the traditional definition of marriage and affording same-sex couples only a separate and differently named family relationship will, as a realistic matter, impose appreciable harm on same-sex couples and their children…
“Third, because of the widespread disparagement that gay individuals historically have faced, it is all the more probable that excluding same-sex couples from the legal institution of marriage is likely to be viewed as reflecting an official view that their committed relationships are of lesser stature than the comparable relationships of opposite-sex couples,” the court said. “Finally, retaining the designation of marriage exclusively for opposite-sex couples and providing only a separate and distinct designation for same-sex couples may well have the effect of perpetuating a more general premise – now emphatically rejected by this state – that gay individuals and same-sex couples are in some respects ‘second-class citizens’…”

Matt Barber, policy director for cultural issues at Concerned Women for America, accused the court of usurping the role of the legislature.

“The California Supreme Court has engaged in the worst kind of judicial activism today, abandoning its role as an objective interpreter of the law and, instead, legislating from the bench. It’s absurd to suggest that the framers of the California state constitution could have ever imagined there’d be a day when so-called ‘same-sex marriage’ would even be conceptualized, much less seriously considered. If anyone then had suggested the absurd notion, early Californians would have laughed their smocks off,”

“So-called ‘same-sex’ marriage is counterfeit marriage. Marriage is, and has always been, between a man and a woman. We know that it’s in the best interest of children to be raised with a mother and a father. To use children as guinea pigs in radical San Francisco-style social experimentation is deplorable,”

The majority of Americans recognize the fact that legitimate marriage and family are cornerstones of a healthy society. Reasonable people have had enough and are refusing to allow radical extremists to redefine marriage and family into oblivion. So-called ‘same-sex marriage’ is a ridiculous and oxymoronic notion that has been forced into popular lexicon by homosexual activists and their extremist left-wing allies.”

“The people of California decided eight years ago that marriage in our state will be defined as between one man and one woman. Four arrogant, elitist, activist judges decided that they know better than the people how marriage should be defined,” said Karen England, of Capitol Resource Institute.

“It is certainly disappointing that the court, in declaring a right to same-sex marriage in the California Constitution, has shown an outrageous lack of respect for a majority of California voters and ignored a long history of legal precedent supporting traditional marriage,” said legal counsel Jennifer Monk of Advocates for Faith and Freedom, one of the organizations that worked on the case.

California Assemblyman Bob Huff, R-Diamond Bar, said, “With the passage of Proposition 22, the voters of California agreed that marriage is ‘between a man and a woman.’ PERIOD. The court’s decision today is further proof that some activist judges value their own beliefs over the will of the people.”

“This ruling defies logic. It is a gross departure from the rule of law. It is outrageous. Traditional marriage is common sense. Yet, this decision is nonsense. No matter how you stretch California’s Constitution, you cannot find anywhere in its text, its history, or tradition that now, after so many years, it magically protects what most societies condemn. Same-sex marriage is not part of our history nor is it woven in the fabric of fundamental freedom,” said Mathew Staver, chief of Liberty Counsel, which also worked on the case.
He cited a dissent by Justices Baxter and Chin, which concluded, “In reaching this decision, I believe, the majority violates the separation of powers, and thereby commits profound error.”


California’s ‘judicial fiat’ condemned – by judge
‘Undeterred by state, federal law, new constitutional right invented’
Posted: May 15, 2008
By Bob Unruh
© 2008 WorldNetDaily

Two members of the California Supreme Court, which earlier today ruled the state cannot prevent homosexuals from “marrying,” have condemned the decision as “judicial fiat.”
“A bare majority of this court, not satisfied with the pace of democratic change, now abruptly forestalls that process and substitutes, by judicial fiat, its own social policy views for those expressed by the People themselves,” said the dissent written by Associate Justice Marvin R. Baxter and joined by Associate Justice Ming W. Chin.
“Undeterred by the strong weight of state and federal law and authority, the majority invents a new constitutional right,” the opinion said.
The majority opinion, written by Chief Justice Ron George, who was appointed to his office by former Republican Gov. Pete Wilson, trashed society’s traditional and biblical institution of marriage, opening up the option for same-sex duos to be “married” because retaining the historic definition “cannot properly be viewed as a compelling state interest.”

“The judges found there is a ‘fundamental right to form a family,’ where does such a statement end? How is family defined? Are families formed by incest between a father and his daughter, an uncle and niece, or by group marriages, one man three women, one women 10 men – how is a family formed under such a ludicrous court decision?” the group asked.
“These California judges have created chaos of marriage in that state and it will have ramifications across the country. There is no residency requirement in California nor do they have a Massachusetts-type law that says if your marriage is not legal in your state, you cannot marry here. The door has been opened for Pennsylvania’s and all other state’s Defense of Marriage Acts to be challenged. Same-sex commitment ceremonies in Philadelphia in November and State College in March have laid the groundwork for just such a challenge,” the group said.
The opinion came in response to a series of lawsuits filed against the state after voters in California voted 61-39 percent that marriage should be recognized only between a man and a woman, and then the mayor of San Francisco started issuing marriage licenses to same-sex duos.
The court stopped him from doing that, but only because the question had not been properly submitted, which it now apparently has been.
“I cannot join the majority’s holding that the California Constitution gives same-sex couples a right to marry,” the dissent said. “In reaching this decision, I believe, the majority violates the separation of powers, and thereby commits profound error.
“Nothing in our Constitution, express or implicit, compels the majority’s startling conclusion that the age-old understanding of marriage – an understanding recently confirmed by an initiative law – is no longer valid,” Baxter continued. “California statutes already recognize same-sex unions and grant them all the substantive legal rights this state can bestow.
“If there is to be a further sea change in the social and legal understanding of marriage itself, that evolution should occur by similar democratic means. The majority forecloses this ordinary democratic process, and, in doing so, oversteps its authority.”
Baxter said the majority’s logic was troubling.
“The majority relies heavily on the Legislature’s adoption of progressive civil rights protections for gays and lesbians to find a constitutional right to same-sex marriage. In effect, the majority gives the Legislature indirectly power that body does not directly possess to amend the Constitution and repeal an initiative statute…”
He explained: “The question presented by this case is simple and stark. It comes down to this: Even though California’s progressive laws, recently adopted through the democratic process, have pioneered the rights of same-sex partners to enter legal unions with all the substantive benefits of opposite-sex legal unions, do those laws nonetheless violate the California Constitution because at present, in deference to long and universal tradition, by a convincing popular vote, and in accord with express national policy … they reserve the label ‘marriage’ for opposite-sex legal unions? I must conclude that the answer is no.”
He said the people have every right to adopt laws changing the definition of marriage. But that didn’t happen. Instead, it was a “judicial fiat,” he concluded. “I cannot join this exercise in legal jujitsu.”
“The majority … simply does not have the right to erase, then recast, the age-old definition of marriage, as virtually all societies have understood it, in order to satisfy its own contemporary notions of equality and justice. The California Constitution says nothing about the rights of same-sex couples to marry. On the contrary, as the majority concedes, our original Constitution, effective from the moment of statehood, evidenced an assumption that marriage was between partners of the opposite sex.”
The dissent itself confirmed the worst fears emanating from Pennsylvania:
“Who can say that, in 10, 15, or 20 years, an activist court might not rely on the majority’s analysis to conclude, on the basis of a perceived evolution in community values, that the laws prohibiting polygamous and incestuous marriages were no longer constitutionally justified?” the Baxter opinion said.
Further, Baxter continued, “it is certainly reasonable for the Legislature, having granted same-sex couples all substantive marital rights within its power, to assign those rights a name other than marriage. After all, an initiative statute adopted by a 61.4 percent popular vote, and constitutionally immune from repeal by the Legislature, defines marriage as a union of partners of the opposite sex.”



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