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My heart leaps for joy - A Suburbs Boy Living a Country Life [My Flickr Photos]
May 15th, 2008
10:23 pm


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My heart leaps for joy
The California supreme court has rejected the tyranny of the majority. You may call it "judicial activism" if you like. It is. This is the sort of activism that our judiciaries are supposed to exert--fueled by a determination for equal treatment under the law for us all.

"Even the most familiar and generally accepted of social policies and traditions often mask an unfairness and inequality that frequently is not recognized or appreciated by those not directly harmed," the chief justice wrote.
-- State Supreme Court says same-sex couples have right to marry
   San Francisco Examiner

I'm not sure if the implementation of this ruling will reverse the earlier Supreme Court finding that Mayor Newsome did not have the right to order issuing marriage licenses to same-sex couples. Even if it does not, in a matter of a few weeks I expect that all of those couples that wish to will be able to stage a second pilgrimage to city hall in San Francisco--and now, the rest of the state, as well!

(2 comments | Leave a comment)

[User Picture]
Date:May 16th, 2008 04:04 am (UTC)
I don't think it reverses the original ruling WRT the San Francisco marriages, because Kennard's concurrence argues that they should have simply suspended them in the Lockyer decision pending resolution of the larger question rather than invalidating them. (I agree.)
Date:May 16th, 2008 03:55 pm (UTC)
*agrees with you ever so much*
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