That’s Two

First Massachusetts and now, not surprisingly, California has legalized same-sex marriage.

The California Supreme Court overturned a ban on same-sex marriages on Thursday in a major victory for gay rights advocates that will allow homosexual couples to marry in the most populous U.S. state.

The court found that California laws limiting marriage to heterosexual couples are at odds with rights guaranteed by the state’s constitution. Opponents of gay marriage vowed to contest the ruling with a statewide ballot measure for a constitutional amendment to ban gay marriages.

Dissenting, there were those that did do that.

A dissenting opinion by Judge Marvin Baxter and joined by Judge Ming Chin said a narrow majority of the court had carved a constitutional right out of existing equal-protection laws, overstepping legislative powers in what amounted to “legal jujitsu.” A third justice dissented on different grounds.

“It simply does not have the right to erase, then recast, the age-old definition of marriage, as virtually all societies have understood it, in order to satisfy its own contemporary notions of equality and justice,” Baxter wrote.

That will create no small amount of controversy. Historically speaking for the last 6000 years or so, gay marriage has never been a God given right and won’t be as long as God is God. Going against God isn’t a good idea either IMHO.

Doubt the founding fathers imagined this when they wrote the constitution. It’s questionable whether it’s constitutional either notwithstanding the California court’s decision. But considering it is California, not surprised.

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