The California Supreme Court Had No Other Choice on Same Sex Marriage—Justice Delayed is Justice Denied

[courtesy of California Progress Report]

By Frank D. Russo

The landmark California Supreme Court decision on marriage is a teachable moment for us to understand the role of the courts and their place along side the other branches of government and even the “will of the people” as expressed in ballot initiatives.

The rule of law in our society and the can easily get obscured in the often heated discussions and the frame that the right wing likes to use whenever they do not like a decision—by accusing courts of legislating.

And it comes from folks who should know better but without thinking have to put it in the old frame. The best example comes from Robert Villines, the leader of the Republicans in the legislature. From the Sacramento Bee, we read Villines reacting to the Court’s decision with this zinger:

“I am very disappointed that the California Supreme Court, by the narrowest of margins, would allow their own personal partisan views to get in the way of their duty to uphold the rule of law by thwarting the will of the overwhelming majority of Californians who voted in support of Proposition 22.

“Fortunately, more than 1 million Californians have signed ballot petitions to place a constitutional amendment before the voters this November that will write into the state Constitution that marriage should be between one man and one woman. I am confident that the people of California will again overwhelmingly vote to preserve and protect traditional marriage.

“I hope that once this constitutional amendment becomes law in November, the Supreme Court will resume its appropriate role of interpreting the law, and stop legislating from the bench.” [Emphasis added]

Since 6 of the 7 Justices are Republicans, appointed by Republican governors—including 3 of the 4 in the majority, this is either ignorant or just demagoguery. What is the partisan agenda of the Republican Chief Justice Ronal George who wrote the court’s decision and who was appointed by Republican Pete Wilson? Or that of Kathryn Werdegar, another registered Republican, also appointed by Wilson? Or that Republican Justice Joyce Kennard, appointed by that Republican Governor George Deukmejian? Or are these remarks directed at the sole Democrat on the Court, Carlos Moreno who voted with his three Republican colleagues for the decision?