California Supremes Halt Gay Marriages
The California Supreme Court on Thursday ordered an immediate halt to gay marriages in San Francisco, delivering a victory to conservatives who have fought for a month to block the ceremonies. Meanwhile, Massachusetts lawmakers reconvened Thursday to consider a ban on gay marriage. They gave preliminary approval to a proposal that would ban gay marriage but allow civil unions.
The California court did not rule on the legality of such marriages, and justices said they would hear such a case in May or June.
It seems clear to me that, regardless of one’s view of gay marriage, this decision was correct, albeit rather late. California voters overwhelmingly voted to ban gay marriages in a recent referendum; the courts need to rule on the constitutionality of that ban. In the meantime, though, it’s outrageous for a chief executive officer to openly flout the law. And given that one can make a very plausible case that the gay marriage ban will survive constitutional muster, the greater harm would be in allowing people to get “married” only to have that union retroactively annuled down the road. It’s far better to presume the law is valid until it’s declared otherwise.
Update: BFT challenges my interpretation of Prop. 22. I respond in his comments.