You see, the CA Supreme Court’s hands were truly bound in this case. How else could they rule? How could someone say, with a straight face, that a constitutional amendment was unconstitutional? Well, it was a little more technical than that but basically the court decided 6-1 that it could not simply overturn the results of the vote.
But the times they are a changing. It’s starting with Obama’s nomination of Circuit Judge Sonia Sotomayor to the Supreme Court. You may have seen the video where Sotomayor admits that it’s in the appeals courts where “policy is made.” For being a candidate for the Supreme Court you would think she would understand that it’s not the job of the judiciary to make policy. Obama, I’m sure, is counting on her help to “make policy”. Of her background, Obama is quoted as saying, “It is experience that can give a person a common touch and a sense of compassion, an understanding of how the world works and how ordinary people live.” Some have called it “empathy.” Hmmm, a judge having empathy? Sounds like a terrible idea to me. “I know the law says otherwise but I really understand how you feel so I’m ruling in your favor.”
Let me make a predication: if Sotomayor gets appointed and when a challenge to a gay marriage ban ends up before her, I already know how she will vote. She’s going to make a new policy and overturn all of the laws banning gay marriage (laws made by the real policy makers).
By the way, did you happen to catch the news from London last week? “British churches will be forced to accept practicing homosexuals or "transsexuals" in positions as youth workers and similar roles, under upcoming equality legislation, the government has said. The Labour government's Equality Bill will prohibit churches from refusing to hire active homosexuals even if their religion holds such behavior to be sinful, said deputy equalities minister Maria Eagle.”
Don’t be fooled into thinking such a thing can’t happen here. The imagined “right” to be gay may someday trump our enumerated right to practice our religion. So don’t get caught up in the good news out of California. The fight is only beginning.