California court rejects mad move to void constitutional amendment

At VFR we dealt with the extreme left-wing argument, advanced by law professor Kermit Roosevelt, that “fundamental rights”—that is, the “fundamental rights” of people of the same sex to “marry” each other—transcended the power of the people of California to write their own Constitution. See this and this.

However, all along, I thought it was unlikely that the California Supreme Court would go so far as to overturn an amendment to the state constitution that had been passed by popular referendum. For them to do so would have been to say officially and without any adornment that democratic self-government is dead and we live under the rule of judges, period. I’m glad to see that I was right. The California court has voted 6-1 (text of decision) to reject the absurd petition to overrule Proposition 8—a petition supported by many prominent individuals whose names will live in infamy, among them California governor Arnold Schwarzenegger, to whom I say:

Arnold, charm will take you only so far. You have been here too long for any good you have done. In the name of God, go back to Austria.

In any case, the survival of Proposition 8 doesn’t mean we’re in good shape—we’re in terrible shape. Same-sex “marriage” has been instituted by the courts of Massachusetts, Iowa, and Connecticut, and the legislatures of Vermont and Maine. New Hampshire may soon pass such a law, so may New York. That would be the entire Northeast corner of the country. We are entering a period in which the United States will be divided between two mutually incompatible social systems, with homosexual marriage states pitted against non-homosexual marriage states. Colin Powell (in what was probably the only truly worthwhile thing he did in his public career), told the Congress in 1993 that open homosexuality in the military would create divisions and destroy good order and discipline. That’s what homosexual freedom does—it divides a society like nothing else.

There is only one way to save the country from the grotesquerie of same-sex “marriage” a federal constitutional amendment declaring that marriage in the United States shall consist of the union of a man and a woman.


Posted by Lawrence Auster at May 27, 2009 10:40 AM | Send
    


Email entry

Email this entry to:


Your email address:


Message (optional):