Wednesday, August 14, 2013

Gay Marriage To Remain Legal In California As The Rule Of Law Collapses


As expected, in a one-line order, the California Supreme Court declined to hear a case brought last month by backers of Proposition 8 challenging the legality of same sex marriage in California.

This is the same judicial body that previously ruled that Prop 8, which amended the state constitution to state that marriage would only be between one man and one woman was both legal and constitutional and could appear on the state's ballot.

Although Prop 8 was passed by a large majority of the state's voters, it was challenged in court by gay marriage activists. When state attorney general Jerry Brown refused to defend it in court as he was legally bound to do, a group of private citizens stepped in to defend Prop 8 before Judge Vaughn Walker in Ninth Circuit, a homosexual and a proponent of same sex marriage who predictably ruled against it.

When the case came to the U.S. Supreme Court, it refused to hear the case on the ridiculous grounds that the plaintiffs, the group of private citizens, 'lacked standing'.

Jerry Brown, now California's governor ordered the state to immediately allow same sex marriage on that basis.

"When politicians disregard the law, and the courts refuse to get involved, what are we left with?" said Andy Pugno, counsel for

The answer of course, is nothing. The rule of law simply no longer matters.

Here we have a law passed by a clear majority of the voters that was simply ignored by the government officials charged with defending it because they felt like it. And when one obviously biased judge ruled against that law after the State Supreme Court ruled that it was both legal and constitutional, citizens attempting to fill the breach and honor the will of the people of California are simply told they have no rights in the matter and just to lay back and take it.

While supporters of same sex marriage may applaud this win, it establishes a dangerous precedent, with consequences they may not like in the future.

The people in power change, and what was done to the rule of law by judicial and political tyranny here can be done again in another time and place.

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