The problem is Kevin, courts don't really have the authority to create laws.
I know that the left yearns for dictatorship, so loves that appointed judges dictate law by fiat, but under the California constitution, there is no foundation in law to support this.
But the courts can rule a law
unconstitutional, which effectively makes the law null and void. The California Supreme Court in 2008 didn't create any laws, it just ruled that any laws which restricted same-sex couples from being married under law were Unconstitutional, and began recognizing same-sex marriage.
Then, Prop 8 then came along and forced those laws banning gay marriage - that essentially were ruled Unconstitutional - back onto the people of California.
Now, the Federal Appeals Court has determined Prop 8 to be "Unconstitutional", and I think eventually it will all wind up at the Supreme Court.
So hopefully the US Supreme Court will rule "Unconstitutional", and people (especially on the religious right) can go back to focusing on things that will improve people's lives vs making life more difficult for others, because at the end of the day what are those on the religious right fighting for? I mean, no one's trying to ban straight marriage. No one's trying to take away the right for a man and a woman to come together and get recognized as "married" under law. Straight marriage isn't going anywhere.
I never understood this obsession with banning gay marriage.
Gay couples just want to be able to file joint taxes, access each other's medical information, access each other's wills - you know, the legal stuff - and be recognized by the state as a "couple" in the same way that a man and a woman would be recognized. The gays aren't asking the Catholics to change their doctrines, or the Protestants to go against the bible in their churches and marry same-sex couples, they simply want the same legal rights as a couple as the straight people.
I'm straight, married, and can't for the life of me figure out why other straight and married people would want to spend millions of dollars, and years of their life so that other people - whom they don't know - can't get married, making their lives considerably more troublesome and difficult.
Why would I want to participate in something that AT BEST presents no change to my life, yet makes someone else worse off? Makes no sense.
We live such short lives, and there's a lot of better things we can be doing to improve our human existence. The pettiness of some people is simply unacceptable.
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