Thursday, May 15, 2008

More Judicial Arrogance

Well, I see that the California Supreme Court has decideed that its own preferences outweigh the wishes of the state's population, and seemingly of the state Constitution as well. As reported by Breitbart news today, the Court has overturned a ban on gay marriage.

While I have no problem with gay couples having access to benefits, etc. Hwoever, I do not approve of judges legislating, which is what this case certainly appears to be. California has a voter-approved ban on gay marriage, and the court's rationnale to overturn it smacks of the same judicial arrogance that gave rise to Roe v. Wade- another case of judicial over-reaching.

Fortuantely, there are groups attempting to put the matter out of the reach of courts- they intend to put the measure on the ballot to amend the state's Constituion. If the legislature would do their job or reigning in courts that writye law- reserved to the legislature in most state Constuitutions- then this would be unnecessary. But with a one-party state such as California, I fear that only a citizen revision of the Constituion will rein in these judges.

If i have mis-characterized the case, and if there is solid legal grounds why the justices overturned it, I trust that knowledgeable legal commentators will weigh in on this to correct me, but on first glimpse, it certainly appears to be judicial over-reaching.

1 comment:

管理人 said...