Saturday, April 09, 2005

JUDICIAL TYRANNY - An apology is due ... I think!

If this story is correct I owe the California Court of Appeal, Third District, an apology. Rather than the court closing the door on the people as I reported, it actually closed the door on the California's liberal state legislature. Alleluia!

Baptist Press is reporting ...

A California court April 4 upheld the state's domestic partnership law but also gave conservatives some good news, concluding that the legislature is prohibited from legalizing same-sex marriage" without first taking the issue to the public.

The ruling initially was thought to be a solid win for homosexual activists. The California Court of Appeal ruled that the domestic partnership law does not violate Proposition 22 -- the voter-approved ban on same-sex "marriage."

But on page 12 of the 26-page ruling, the court also included a passage that at first went unnoticed, the San Francisco Chronicle reported.

"Without submitting the matter to the voters, the Legislature cannot change this absolute refusal to recognize marriages between persons of the same sex," the three-judge panel, seated in Sacramento, wrote.
Whereas most conservative observers, like me, thought the court had again stuck it to the people, it in fact supported the people and slammed the door on the democratically controlled state legislature.

Caution should be exercised in spite of the good news from the court; the Baptist Press article concludes this way ...

But the issue in California may not be decided by the legislature or the people. In March a state judge ruled that same-sex "marriage" must be legalized. The ruling is on appeal.

For anyone seriously concerned with the issue, the article is worth the trip.

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