In the same breath the California Supreme Court said that gay marriage is illegal (upheld Prop. 8) and also legal (ruled that the 18,000 existing gay marriages are valid).
It's an absurd ruling and purely political. It spits in the face of any concept of equal protection (These two people can remain married while those two can never marry because they missed some arbitrary deadline). The justices are trying to anger as few people as possible.
What the Court said is that gays have the right to be married (hence existing marriages are legal) but that voters have the ability to block that right (future marriages are illegal). By this legal logic if voters tomorrow passed an initiative to legalize slavery the California Supreme Court would have to rule that people already living in the state are free but any future slaves brought into the state are soulless property.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment