When the Massachusetts Supreme Court ruled that gay couples had a constitutional right to marry, conservative commentators excoriated the court for usurping — critics claimed — the rightful role of the legislature. One critic wrote that the Goodridge court ignored “the constitutionally created path to social change: legislation.” Another critic stated that “the legislature, not the courts, should be deciding how to make profound social changes.” The amicus brief filed by the Attorney General of Utah stated that “The Court’s duty is to interpret and apply faithfully the marriage statutes adopted by the legislature.” Similar statements came from a host of critics of the Goodridge decision.
Now, the California legislature has passed a bill authorizing same-sex marriage. The bill was sent to Governor Arnold Scwarzenegger. And he said . . .
. . . “why don’t we just let the courts decide this issue, guys?”
What a cop-out. But I’m sure it won’t last. I’m eagerly awaiting editorials from World Net Daily and the Washington Times (and perhaps the Utah Attorney General as well), calling on Schwarzenegger to recognize and support the legislature’s decision in this area.