Thursday, August 12, 2004

CA Court Decision

I forgot to mention that I'm not as negative as Steve about the impact of the CA court decision. The chances were always pretty slim that they were going to uphold the SF marriages. Courts are usually pretty reluctant to allow elected officials to come up with their own interpretation of the law, even if the judges themselves agree with the substance of what they are doing. More than anything else, judges want to keep issues of interpretation in their own hands. But this decision went out of its way to avoid ruling on whether or not prohibitions on gay marriage violate the California constitution. And I think it's an open question as to how the California Supreme Court will vote on that issue.

1 comment:

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