California Court Appears to Recognize Citizen Power

Maura Dolan's mid-day report for LATimes.com was headlined "Prop. 8 Backers Seem Likely to Win Right to Appeal its Rejection". If so, you know what that means: they are confident that the 9th Circuit will be able to kick it around long enough that SCOTUS will get be ready to impose neutered marriage licensing on all states. It has to be tempting for marriage neutering advocates who want instant gratification to get the Prop 8 backers removed from the case so that neutered marriage licenses will be issued against in California sooner rather than later. However, if they think they can get SCOTUS to rule in their favor in a way that will change laws nationally, they'll be willing to wait.

Accepting the Proposition 8 opponents' position would be “nullifying the great power that the people have reserved for themselves” to propose and pass initiatives, Justice Joyce L Kennard said.

The initiative process is a check on the elected officials. If the elected officials were in favor of something, they would implement it themselves. We, the people, pass initiatives often to do something we want to do. If our elected officials don't want to do that thing, they can simply refuse to implement the law, or get someone to sue, then, not defend the law against the lawsuit. No, if our elected officials won't defend a duly adopted constitutional amendment, someone else should be allowed. It makes sense that the sponsors of the ballot initiative have that option.

The picture shown on the LATimes.com blog has a demonstrator with a sign that reads "We all deserve the freedom to marry." We all do have the freedom to marry. The fight over neutering marriage is not about whether anyone else will get the freedom to marry, because we all have that freedom already. It is whether or not someone will be able to get a marriage license without a bride, or without groom. If so, people will be able to do that regardless of their sexual orientation.