Well, wonders never cease [3]...
The California Supreme Court on Tuesday upheld same sex marriages that were already performed but upheld voters' rights to ban gay marriage through the state constitution.
An estimated 18,000 gay couples tied the knot before the law took effect. The ruling suggests that gay couples can be afforded equivalent rights to heterosexual married couples but perhaps under a different name.
And get this, it was almost unanimous:
Chief Justice Ron George, writing the 6-1 decision, said the people have a right, through the ballot box, to change their constitution.
"In a sense, petitioners' and the attorney general's complaint is that it is just too easy to amend the California constitution through the initiative process. But it is not a proper function of this court to curtail that process; we are constitutionally bound to uphold it," the ruling said.
Again, wonders never cease. I guess between having themselves over-ruled by the voters of California one time was enough and they thought it best not to poke the anti-judicial activism issue in the eye again? Or maybe the anti-government crowd at large? Maybe they figure the electorate is a little surly right now, given that they sent the legislators back to the budget drawing board last week by rejecting 4 out of 5 proposed budget balancing initiatives last week.
Well, whatever the reason, we'll enjoy it while it lasts...as I'm sure it won't last long.
I'm sure this guarantees that the folks in California will be faced with the issue on the ballot again next year - as today's losers are sure to start a petition campaign to put it to yet another vote (UPDATE: Gay Marriage Fight to Return to California Ballot [4]).
That's the lesson that conservatives need to draw from this battle. Persistence. The strategy of staying at it, and staying at it, until you wear your opposition down...even if it means losing over and over. When the opposition gets tired of the fight, you win.
Conservatives need to learn to be just as persistent - and annoying, if need be.
