Home Run for Democracy – California Supreme Court Rules For Sponsors of Prop 8
On Thursday, the California Supreme Court ruled that the sponsors of Proposition 8 and other ballot measures will be allowed to defend them in court when the Governor and Attorney General refuses to defend them. This ruling is likely to encourage federal courts to decide the constitutionality of same-sex marriage bans – the will of the people's vote in California.
The highest court in California's decision, a supposed defeat for gay rights groups, is actually a victory for Democracy. For without the voters “will” being enforced, Democracy is meaningless. Eventually, the U.S. Supreme Court may rule on the issue issue some time way off into the future.
Currently, the U.S. Circuit Court of Appeals is considering an appeal of a trial judge's ruling that overturned Proposition 8. This Court had asked California to clarify whether state law gives initiative sponsors standing to defend their Propositions.
Normally, state officials are entitled to defend ballot measures in court, but the elected Governor and elected Attorney General have refused to do their job in an attempt to thwart the will of the people.
Gay rights groups have argued that ProtectMarriage, the sponsor of Proposition 8 did not have standing to appeal the trial court's decision to ban the measure. These same groups argue that they will still win in federal court on constitutional grounds.
As for those “conservative” groups that want to force others do live like they do, all that comes to mind is: All have sinned and fallen short of the glory of God.
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