The state legislature cannot “pass a law” invalidating the states constitution. There are only two possible solutions: (1) A constitutional Amendment, or (2) change the composition of the court.

Simplify: We, the great unwashed of the Empire State, could ban same sex marriage, and thereby prevent the granting of privileges and responsibilities that are granted to heterosexual couples. That has been done, it is on the books. We cannot take away those privileges if the marriage was validly performed in another country or state.

I love it, strict constructionism at its best!!!

James, what poll of Californians re: gay marriage are you citing? The most recent poll I've seen on this issue, by the Los Angeles Times, showed Californians rejecting gay marriage by a 19-point margin, 54-35%.

Yesterday's Field Poll:

More California voters now support allowing same-sex marriage than oppose it, according to a new poll released Wednesday.

The results mark the first time in over three decades of polling by the Field Poll that more California voters have approved of extending marriage to gay couples than have disapproved, said Field Poll director Mark DiCamillo. The survey of 1,052 registered voters was conducted over the phone.

"I would say this is a historic turning point or milestone," DiCamillo said. "We have speculated in the past there would be some time in the future when a majority would support same-sex marriage. Well, the lines have crossed."

The poll found that 51 percent of respondents backed legalizing same-sex marriage and 42 percent opposed it, DiCamillo said.

In 2006, when participants were asked, "Do you approve or disapprove of California allowing homosexuals to marry members of their own sex?" 44 percent said they approved and 50 percent objected. In 1977, the first year Field posted the question to voters, 28 percent approved and 59 percent were opposed.

The poll was conducted from May 17 to May 26 in the days after the California Supreme Court handed down its historic ruling legalizing same-sex marriage in the nation's most populous state. A smaller percentage of respondants_ 48 percent — said they agreed with the court's decision and 46 percent disagreed.

One poll, to be sure. But I'm rather confident that there's no enough opposition to amend the California constitution at the ballot box.

The Elected County Manager (Maggie Brooks) has taken this ruling to the final level, the Court of Appeals, in an attempt to overturn this judgment. Gov. David Paterson's directives are actually under legal challenge.

Sigh, is there any need for me to point out what political party controls Monroe County?

Well, Virginia got forced into it by the Supreme Court (Loving vs. Virginia), and the country did quite well.

The Constitution was crystal clear that blacks and whites should be treated without regard to color by the state. That was, after all, the raison detre of the 14th Amendment, even if it was very belatedly enforced. I'd say the right of people of the same sex to marry is in a different category altogether.

That said, I think the culture may get out ahead of the courts on this one.

Well, Virginia got forced into it by the Supreme Court (Loving vs. Virginia), and the country did quite well.

Wasn't this what McCain said wouldn't happen when he stood against a constitutional amendment on the issue, or am I wrong?

For now, at least, you're wrong. NY is recognizing gay marriages by the order of its elected governor, not judicial fiat. California is being forced into it by the state courts but doesn't seem to mind.

The problem will be if and when Alabama and Utah get forced into it by the federal courts.

You sure it won't be with the with the Bill of Rights code?

Not following...

The Equal Protection Clause of the 14th Amendment is almost invariably the way the federal courts contravene state law.

Further, the federal courts will use these precedents as a basis for finding a right to same-sex marriage in the Equal Protection clause, arguing that the cultural norms claim that had previously justified denying gays the right to marriage is no longer valid.

You sure it won't be with the with the Bill of Rights code?