California Gay Marriage Ban

So how did it happen? The answer is pretty plain to me:

“Four judges ignored 4 million voters and imposed same-sex marriage on California,” Prop. 8 supporters said in a TV ad. “It’s no longer about tolerance. Acceptance of gay marriage is now mandatory.”

It was an argument that continued all the way to election day.

This is an argument that I have had before:

The SCOTUS isn’t stupid; if they wanted gay marriage to be the law of the land, the last thing they would do is a Roe type ruling that made it mandatory nationwide. What that would do is intensify the backlash and cause an amendment to be passed. I’m not sure if you are aware of it, but once a constitutional amendment is passed, the SCOTUS is absolutely, totally powerless to do anything about it. A new amendment must be ruled as superior to anything previous in the constitution, which would mean there are no longer any, say, 14th amendment arguments about it.

Right now, a marriage amendment is dead in the water — not because people disagree with it, but because Americans are wary of amending our constitution without a clear and pressing need.

That was an argument about the national level, but the same reasoning holds.  The People in California rejected judicial activism in the face of the electorate.  When the court made it clear that it intended to have its way, and the electorate be damned, the electorate pushed back.  California is already referendum and amendment crazy (even more so than Texas) so this should have been seen by a reasonably sharp court from far away.

Obviously, the California courts aren’t very sharp.  The SCOTUS is much more so.

Don’t push gay marriage to the SCOTUS right now.  Maybe in 10 years.  Right now, you have one of two options — either the SCOTUS throws it out, or they rule for gay marriage — and a ban becomes enshrined in the Constitution where it becomes much harder to do away with.


  1. mexigogue says:

    Obama’s candidacy brought out the black vote like never before and that’s what killed gay marriage in California. Many black voters are just as intolerant as rednecks when it comes to religious issues in general and when it comes to same sex issues specifically. Apparently anything is now possible in America unless you’re homosexual.

    I guess we can say gay is the new black. What I can figure out now is if that makes Mexican the new gay. I’m confused.

  2. Phelps says:

    Thomas Sowell has posited (and pretty convincingly) that there isn’t any significant difference between rednecks and many black people other than the color of their skin and the trappings of their culture (but not the principles themselves.)

  3. R says:

    From when Peter became a sexual prude:

    “Sex turns straight people gay and gay people Mexican.”