Activist Court Out of Control in California
May 19th, 2008
Last week, a bare majority of the California Supreme Court, in an audacious political power grab, usurped the democratic process by redefining marriage. The laws of this nation rely on the proper functioning of the courts, including a proper balance of powers, and the judiciary’s ability to demonstrate restraint. This opinion undermines the rule of law. I’m sure polygamists and other “polyamorists” will take solace in this activist and radical ruling because, if its logic is followed, it will be difficult to keep marriage legally limited to only two people.
Judicial Watch filed an amicus brief with the California Supreme Court that asked it to uphold the traditional definition of marriage. The brief, available here, noted that “judges are not free to rewrite statutes to say what they would like, or what they believe to be better social policy.”
What next? Pro-family activists hope that voters will overturn the ruling through a citizens’ initiative likely to be on the ballot in November. In the meantime, initiative supporters will ask the court to stay the ruling until the voters have a say in November. As one activist told The Washington Times, “it would be very chaotic and to no one’s benefit to redefine marriage for only four months, or over the summertime. They would be better off to just let it go to a vote of the people.”
Given that the California Supreme Court cavalierly overruled the will of the people with this latest ruling, I’m not hopeful they’ll bother to defer to the democratic process and allow such a stay.
This whole fight highlights the importance of putting strict constructionists on the bench, even in the state courts. (By the way, for those of you who think Republicans can always be trusted to get this issue right, Republican governors appointed six of the seven members of the California Supreme Court. For example, former Republican Governor Pete Wilson appointed Chief Justice Ron George, who authored the majority opinion.)
Tom Fitton is President of Judicial Watch.
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