Monday, May 19, 2008

California supreme court overreaches

While I have no objection to gay marriage, I cannot endorse the recent decision of the California Supreme Court declaring it a constitutional right. Gay marriage is a question that should be decided by the democratic process. As Justice Marvin R. Baxter so eloquently opined in his dissent, the majority, "not satisfied with the pace of democratic change, now abruptly forestalls that process and substitutes, by judicial fiat, its own social policy views for those expressed by the people themselves." I hesitate to use the word "activist judges," as that is a grossly overused term, but in this case I think it's accurate. In November California as a whole will vote on the issue. I will vote to keep it legal.

4 comments:

nunya said...

http://www.leginfo.ca.gov/cgi-bin/waisgate?waisdocid=26574121386+0+0+0&waisaction=retrieve

Jack Davis said...

Hi. Sorry the link leads to an empty page.

jack d.

nunya said...

http://www.leginfo.ca.gov/.const/.article_1

It's a link to the CA constitution. The part about rights.

Ok, enough of that. You left a comment about Limbaugh listeners. A new book that looks interesting to me and relates to your comment:
Shock Jocks: Hate Speech and Talk Radio
by Rory O'Connor with Aaron Cutler
Published: Jun 16, 2008

Jack Davis said...

Two things:

1. the section on rights does not refer-even remotely- on the subject of gay marriage.

2. I noticed Air AMERICA no longer is carried in San Diego. It is now a sports talk show (we certainly need more of those).