Notable Quotables from the CA Supreme Court “Gay Marriage” Ruling

One of the Judges who actually reads the Constitution and weighed in against homosexual marriage in California wrote this in his opinion.

But a bare majority of this court, not satisfied with the pace of democratic
change, now abruptly forestalls that process and substitutes, by judicial fiat, its
own social policy views for those expressed by the People themselves.
Undeterred by the strong weight of state and federal law and authority,4 the
majority invents a new constitutional right, immune from the ordinary process of
legislative consideration. The majority finds that our Constitution suddenly
demands no less than a permanent redefinition of marriage, regardless of the
popular will.

In doing so, the majority holds, in effect, that the Legislature has done
indirectly what the Constitution prohibits it from doing directly.

He goes on to say…

I cannot join this exercise in legal jujitsu, by which the Legislature’s own
weight is used against it to create a constitutional right from whole cloth, defeat
the People’s will, and invalidate a statute otherwise immune from legislative
interference. Though the majority insists otherwise, its pronouncement seriously
oversteps the judicial power.

And goes on to say…

The majority (referring to the judges) has violated these principles. It simply does not have the right
to erase, then recast, the age-old definition of marriage, as virtually all societies
have understood it, in order to satisfy its own contemporary notions of equality
and justice.

The California Constitution says nothing about the rights of same-sex
couples to marry. On the contrary, as the majority concedes, our original
Constitution, effective from the moment of statehood, evidenced an assumption
that marriage was between partners of the opposite sex.

Written by BAXTER, J