Sunday, October 08, 2006

California Court on Gay Marriage

Guy Murray has posted a summary and analysis of a recent decision of the California Appellate Court on the subject of gay marriage. Here is a snippet that Guy quoted from the Court's synopsis of the decision.
All can agree that California has not deprived its gay and lesbian citizens of a right they previously enjoyed; same-sex couples have never before had the right to enter a civil marriage. It is also beyond dispute that our society has historically understood “marriage” to refer to the union of a man and a woman. These facts do not mean the opposite-sex nature of marriage can never change, or should never change, but they do limit our ability as a court to effect such change. The respondents in these appeals are asking this court to recognize a new right. Courts simply do not have the authority to create new rights, especially when doing so involves changing the definition of so fundamental an institution as marriage.

I think the court has nailed my exact view on this subject.

1 comment:

Reach Upward said...

I'm stunned that a court would actually consider its duly imposed limitations. It seems that so many rulings exceed constitutionally imposed judicial limits. This is truly refreshing.