...It is a cowardly and hypocritical pronouncement, particularly when one considers this the same court that ruled we could be married a year ago...
Not at all. The ruling in 2008 was based on legislative action, and at the time, the CA Constitution had no definition of marriage.
This is why the couples of gay marriages from June 2008 to November 2008 legally stand.
In November 2008, a change to the CA Constitution occurred and the judges ruled that the will of the People changed the CA Constitution thru the
admendment process and Prop 8 stands.
It's pretty cut and dry and follows the letter of the law and it's the Court's role to enforce laws - not make them.
The Court made the correct decisions.
The only other way the Court could have ruled is that Prop 8 was a revision to the CA Constitution which would require a change to the CA Constitution thru the CA legislature, then go to the People to vote on. The CA Court ruled that Prop 8 was an admendment and we have to live with that distinction of determination.
The CA judicial system worked as it was supposed to. I'm not happy that the Court ruled Prop 8 is an admendment instead of a revision, but the Court is wiser than I.
For a clearer undestanding of what happened yesterday, it's important to understand what an admendment is and what a revision is.
The only thing that can happen now is that the US Supreme Court rules that Prop 8 is a revision to the CA Constitution under the equal protection law of the US Constitution and invalidates Prop 8.
