Your donations make In These Times affordable for all readers, including students and readers with low incomes. Please donate today.

California Rules!

A Defeat for Right-Wing Activism On and Off the Bench

By Hans Johnson

Refusing to be boxed in by election-year timidity or political threats from the religious right, a majority of the California Supreme Court ruled May 15 that same-sex couples have an equal right to civil marriage in the state. The judgment stands on a sturdy foundation of precedents involving equal protection of the law. Its reasoning and force rebut a far-right… return to article

  • subscribe to print magazine

  • Zoom OutZoom In Reader Comments (5)

    Page 1 of 1 pages

    For Democrats, a fair-minded approach to court appointments has the effect of isolating the far right and peeling away their adherents. It is worth noting that at least one famous right-winger, presidential adviser and Catholic U. and Pepperdine law professor Doug Kmiec, been impressed enough by Obama’s themes of commonsense policy-making and his message of patriotism-through-unity that he overlooked differences on marriage equality and endorsed Obama.
    http://www.slate.com/blogs/blogs/convictions/archive/2008/03/23/endorsing-obama. .aspx

    United States Posted by Gary22 on May 19, 2008 at 11:46 AM

    What happened to “tolerance”?  What happened to “don’t force your morality on me”?  Isn’t this forcing one’s own morality on another?  If this is not about morality, then why does legality matter?  If morals are merely a social construct, is this how morals change over time in society: over-riding the will of The People?

    Using the Supreme Court to override the expressed will of The People is tyranny in disguise.  In this case a very vocal and active minority has “forced” their will in opposition to those that followed due process (the silent majority).  An elite minority ruling over an “unwashed” majority = Oligarchy.

    I bear no-one outright ill will.  (If subconsciously, then I apologize.) This will not give it’s proponents what they are looking for.  It wasn’t wanted several years ago anyway.  Marriage is not the issue, social acceptance and lack of ANY opposition (even in private) is.  This will NOT bring happiness and acceptance.

    If there is a “separation between Church and State”, and marriage was instituted prior to The State, it follows The State can not grant (nor deny) marriage to anyone as marriage is outside the bailiwick of The State. If the State legitimately has the right to change the definition of marriage - what will it change to next?  It has changed from “Two consenting adults of opposite physical sex.” to “Two consenting adults.” How will the Orwellien “pigs” modify it next time: “Two consenting people of any age.”?  “Two or more consenting people of any age.”?  “Two or more people (willing or unwilling) of any age.”?

    Laugh now… It will happen within your lifetime.  After all, your parents never though what just happened was possible.

    United States Posted by Craig Gorsuch on May 20, 2008 at 12:04 PM

    I guess there isn’t any point in voting in California any more. The Supreme Court will invent “rights” as they wish in order to strike down laws.

    United States Posted by SteelDragonfly on May 21, 2008 at 10:30 AM

    Dear Chicken Littles,

    If left to the popular vote in the South, we would still have slaves around the condo to do the dishes.

    But, no… the Supreme Court had to go all “Constitutional” on us. What’s with them?

    And now? The California Supremes (6 out of 7 appointed by the Repubs, mind you) get uppity and start acting activisty. Where will it all end?

    Well, to quote Bill Murray - “Dogs and Cats… living in sin!”

    Oh, the woe…

    NEWSFLASH - It’s about the equality, not the gay sex.

    When same sex couples face hardships and loss due to NOT having legal protections and the benefits of “Spousal Rights”, they suffer.
    Plain and simple, either grant Gay and Lesbian couples the same rights and protections that Hetero marrieds have - or remove them from everyone.

    See the trailer for the upcoming film on Marriage Equaity:
    www.formywife.info

    FYI - Hans Johnson is HOT!

    United States Posted by trickdogfilms.com on May 21, 2008 at 3:39 PM

    I suggest you all read, “Attacks on Spitzer Reveal American Ethical Perversity,” by Rabbi Lerner.  There appears to be some connection here, as the religious right shrieks in the night.

    Thanks for the clarity, Hans. 

    martyhc

    United States Posted by martyhc on May 22, 2008 at 7:42 PM
    Page 1 of 1 pages

  • register a new account »Posting Security

    To participate in our forums, please register for a free account.
     

    Retreive lost password »

Also by Hans Johnson
Popular Discussions