September 07, 2005

Democratic Legitimacy -- Not!

by PG

In the many, many, many debates I've witnessed -- whether as audience member or participant -- about same-sex marriage, nearly every person who has opposed the judicial imposition of equal rights has said that if the legislature defined marriage to include same-sex couples, she would find that acceptable. However, judging by reaction to the California legislature's approving a same-sex marriage bill, apparently I've managed to pick the easiest-to-convince bit of the anti-Goodridge populace:

But opponents repeatedly cited the public's vote five years ago to approve Proposition 22, an initiative put on the ballot by gay marriage opponents to keep California from recognizing same-sex marriages performed in other states or countries.

''History will record that you betrayed your constituents and their moral and ethical values,'' said Republican Assemblyman Jay La Suer.

If it's not those liberal elitist judges, it's those liberal elitist legislators.

September 7, 2005 12:06 AM | TrackBack

Here's Volokh's thoughts on this matter. He suggests that the bill may violate the California Constitution. It's not clear to me who would have standing to attack the bill on those grounds, though.

Posted by: Tom T. at September 7, 2005 08:06 PM
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