Hotbed of Activity

The California Supreme Court decided 4-3 that gays and lesbians have a constitutional right to marry. I am troubled by this result, not by the same-sex marriages that will soon receive state sanction (and which, if I were dictator of California, I would allow) but by the court’s over-riding of the other branches of government. The initiative and/or legislative process by which the people debate and craft laws concerning the important matter of marriage has been bypassed.

Just as abortion was decided by the U.S. Supreme Court over a generation ago, a handful of justices discovered a constitutional right to decide a controversial matter. Their ruling will change an institution that affects all of our lives. And the people don’t get to vote, either now or in the future, because the constitution trumps any law that reverses this decision.

[Update and correction - May 16th: "The state's voters may have the last word. A ballot initiative that amends the state's constitution to prohibit same-sex marriages is likely to be certified soon. If voters subsequently approve it, such an amendment would trump the court's decision."]

The issue of judicial over-reach has been ignored in this campaign, but watch for it to resurface.

Meanwhile, look for San Francisco City Hall to become a hotbed of activity, as it was four years ago. © 2008 Stephen Yuen