Quote:
Originally Posted by john w k
Bottom line is, the California Court engaged in judicial tyranny and subjugated the guarantee to a Republican Form of Government by assuming and exercising the power of the Legislature, setting public policy in accordance with its own personal predilections, and, mandating state recognized homosexual marriages as furthering the best interests of the state. The court has done for the people what the people’s elected legislature has not willing done in the name of the people.
|
Wrong.
The court did exactly what it is supposed to do. It interpreted a narrow legal question brought before it. Namely, did the two statutes in question conflict with the CA Constitution. It found that they did.
The court did not jump in and legislate. It waited until cases brought by CA residents who felt that their rights had been violated had worked their way through the lower courts. It did not create a new definition of marriage. It simply said that the definition of marriage which the legislature attempted to create in the two laws in question did not withstand constitutional scrutiny.