Pulpit Bulls

Policy, Politics, and What's In Between

California Court Upholds Prop 8

Posted by Eric on May 26, 2009

Not a huge surprise, but back in my home state the Supreme Court has ruled that Proposition 8, which banned same-sex marriages, is not a revision of the State Constitution, and therefore legal. Same-sex couples who have already married, however, will not have their marriages nullified.

My suspicion is that ultimately the fight for same-sex marriage may benefit from this ruling. Prop 8 will be overturned in 2010 or 2012 by Californian voters. That is, the most populous state in the union will legalize gay marriage by public fiat, not by a court decision and not by a vote in the legislature. The “judicial activist” attack will have lost all force and the significance of this cannot be overstated. With that said, today’s ruling really does suck for those couples who would like to be married now (and they should certainly have that right), but let’s not forget that this is a temporary set-back. The side of progress will prevail sooner, rather than later.

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5 Responses to “California Court Upholds Prop 8”

  1. […] were crushed by the ruling, with protests erupting at the court where the ruling was announced.  Over at the new (and excellent) blog PulPit Bulls, Eric argues that – disappointment aside – this ruling might actually be a good thing for same-sex marriage […]

  2. While homosexuals cannot be “married” to a member of the same sex, and a declaration that they can be would have the same rational force of a legislative declaration that a dog’s tail is its fifth “leg,” you are certainly correct that a constitutional amendment contrary to Proposition 8 would succeed where judicial fiat has (here) failed, and would render objections less forceful.

    Of course, if proponents of the radical homosexual agenda had pursued such a course in the first place, they would have engendered far less — or at least, a far different — resentments.

  3. Eric said

    So, if only those radical homosexuals had pushed a ballot proposition instead of legal avenues for achieving marriage equality, we wouldn’t resent them quite so much, or at least we would resent them differently.

    Charming stuff.

  4. Daniel said

    Congratulations Eric, I think you’ve got your first troll in the form of this James Young character.

  5. […] Comments (RSS) « California Court Upholds Prop 8 […]

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