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.
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.
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