A tale of two marriages
California’s Supreme Court ruled today that California’s statutory ban on same-sex marriages is unconstitutional. The court also held that the term "domestic partner" creates injury for those who are so labeled in thattheir dignity is presumptively attacked bycarrying such a label.As such, thecourt held that to deny a member of a domestic partnership the legal right to call their union a marriage is also unconstitutional.
Justice Baxter, in crafting his dissent stated:
"I cannot join this exercise in legal jujitsu, by which the Legislature’s own weight is used against it to create a constitutional right from whole cloth, defeat the People’s will, and invalidate a statute otherwise immune from legislative interference. Though the majority insists otherwise, its pronouncement seriously oversteps the judicial power. The majority purports to apply certain fundamental provisions of the state Constitution, but it runs afoul of another just as fundamental — article III, section 3, the separation of powers clause. This clause declares that “[t]he powers of state government are legislative, executive, and judicial,”… Read More
