California court knows what marriage is

California court knows what marriage is

You know I’m starting to hope that all is not lost in this country. Yet another court has upheld a state ban on gay marriages, and this time it was in blue state California. A state appeals court upheld a ban on gay marriage, reversing a March 2005 lower court ruling.

``We conclude California’s historical definition of marriage does not deprive individuals of a vested fundamental right or discriminate against a suspect class,” the court said in a 2-to-1 decision. ``The time may come when California chooses to expand the definition of marriage to encompass same-sex unions. That change must come from democratic processes, however, not by judicial fiat.”

Unfortunately, the court also ruled on the matter of equal protection that the state is not discriminating against gays and lesbians because it has a domestic partnership law. What it should have said is that the law doesn’t discriminate because everyone has a right to marry and if one chooses not to marry (i.e. create a legal bond between a man and a woman)—even if it’s because the person is only attracted to the same-sex—then tough noogies… or the legal-speak equivalent thereof.

Of course, gay marriage activists are not done yet because they’re hoping the California Supreme Court will be more amenable to legislating from the bench and governing by judicial fiat. Here’s hoping they take their responsibilities and limitations as judges more seriously than the Massachusetts Supreme Judicial Court did.

Meanwhile, a whole passel of states that have enacted same-sex marriage bans in both legislative action and ballot referendum by very wide margins and several more states where the courts have upheld such bans as constitutional. Massachusetts is looking lonelier and more out-of-step with each passing day.

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Written by
Domenico Bettinelli