Gay Marriage vs. mayoral powers

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California supreme court to weigh gay marriage vs. mayoral powers

In the debate over gay marriage, all eyes are shifting from Massachusetts to California. That state's supreme court will hear oral arguments on Tuesday, May 25, regarding whether San Francisco mayor Gavin Newsom (pictured left) misused his power when he allowed the issuance of 4,000 marriage licenses to gay and lesbian couples earlier this year.

The highly charged hearing will have everything and yet nothing to do with same-sex marriage, since the justices already declined to address the civil rights issues involved. Those battles will have to percolate up through the state courts.

Of course, what is at stake here are the thousands of marriage licenses that were issued to gay couples. Will they end up being invalidated?

3 Comments

Tom said:

Exactly!

Since when are the courts out to protect the majority opinion? Isn't their main purpose to ensure that minority opinions are not trampled?

I'm amazed at some of the anti-gay marriage arguments I'm reading. How can some people say that "the courts are taking away my unalienable right to force my majority opinion on others" with a straight face? Are they that scared, or just that blind?

Can none of these people see the obvious similarities to interracial marriage issues like those mentioned by Fritz?

Dan said:

Fritz,

"Conservatives and the religious right are saying, “Marriage has always been between a man and a woman.” That is true."

Actually marriage has always been between a man and one OR MORE women.

Dan

Fritz said:

This is something I posted on my blog a few months ago:

Why do we have judges? What purpose do they serve in our federal and state governments?

In grade school, I was taught that judges hear cases that challenge or require interpretation of the legislation enacted within their jurisdiction. They are suppose to be impartial and not swayed by popular opinion. Unfortunately, many judges who do their sworn duty as fair and impartial arbiters are being labeled as “activists” for making decisions that do not ape the common view.

Thank God for “activist” judges. If America had depended on popular opinion (will of the people) and voluntary progress for previous civil rights issues, we would still have a segregated society. Interracial marriages would most likely be illegal.

Conservatives and the religious right are saying, “Marriage has always been between a man and a woman.” That is true. But, they are ignoring the fact that other criteria were law in many U.S. jurisdictions until the 1960s. Marriage used to be between a man and woman of the same race. Before that, it was between a man and woman of the same race and religion.

Here are some poll stats about interracial marriage views in America over the past two decades:

The Gallup Organization asked Americans in 1983, 1997 and 2002 if they approved or disapproved of marriage between blacks and whites:

Here’s what respondents said in 1983:

Only 43 percent approved!

Racial breakdown:

Whites — 38 percent
Blacks — 71 percent

Here’s what respondents said in 1997:

64 percent approved (an impressive jump in 14 years)

Age and racial breakdown:

Whites — 61 percent approved
Blacks — 77 percent approved

13- to 17-year-olds — 83 percent approved

Here’s what respondents said in 2002:

65 percent approved (only 1% increase — kind of disappointing isn’t it?)

Age breakdown:

18- to 29-year-olds — 86 percent approved
30- to 49-year-olds — 75 percent approved
50- to 64-year-olds — 53 percent approved
65 and older — 30 percent approved

What this tells us is that if the courts had waited for popular opinion to change, interracial marriage would not have been possible until at least 1997! And since popular opinion has changed in part due to people getting used to the idea of interracial marriage, it would probably not be possible for people of different race to marry even today.

When the 1970s TV program The Jeffersons featured an interracial couple in the cast, many Americans were as “shocked” as First Lady Laura Bush was over the prospect of gay marriage. People called the network to complain when they saw a white man kiss a black woman.

Today, people are calling TV stations to protest coverage of gay couples kissing after exchanging marriage vows. People with signs reading “God Hates Fags” are protesting on the steps of city hall.

Thank God for our courts and our judges. If they only aped popular opinion, our world would be a much different place.

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This page contains a single entry by Bill published on May 20, 2004 6:10 PM.

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