Bench Memos

Judicial Activism Alert!

By a vote of 4 to 3 (I think), the California supreme court has concocted a right to same-sex marriage under the state constitution.  I’ll have more once I’ve read the decision.  For now, I’ll note that California voters will likely have the opportunity in November to override the court’s error:  The California Marriage Protection Act is a voter-sponsored initiative that would amend the California Constitution to provide expressly that “Only marriage between a man and a woman is valid or recognized in California.”  The initiative is well on its way to being placed on the November ballot; it acquired far more voter signatures than needed, and those signatures appear to be holding up well in the signature-verification process.

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