California State Supreme Court vs the People

If the California Supreme Court Doesn't Trust the People...

from Big Lizards by Dafydd

...Then perhaps it should dissolve them and appoint a new people

As Big Lizards predicted earlier, the California State Supreme Court has agreed to decide several lawsuits that seek to overturn Proposition 8, the constitutional amendment -- on the grounds that it's unconstitutional. The lawsuits advance a novel legal theory of governance by the consent of the governors:

The lawsuits argue that voters improperly abrogated the judiciary's authority by stripping same-sex couples of the right to wed after the high court earlier ruled it was discriminatory to prohibit gay men and lesbians from marrying.

In other words, the voters improperly interfered with the court's right to decide all major moral issues.

Not to mention the fact that Proposition 8 does not "prohibit gay men and lesbians from marrying." It doesn't even mention gay men or lesbians.

Nor does it prohibit anyone from marrying any one (or any group); it only says such marriages will not be "valid or recognized in the state of California." Go ahead and marry a person of the same sex; call yourself married by the lights of your own house of worship; just don't check "married filing jointly" on your IRS 1040 form, unless you're inordinately fond of institutional cooking.