Roberts Blows Gay Marriage (Roberts, Not Kennedy Was Critical Here)

American Prowler ^ | 6.26.13 | F.H. BUCKLEY

[Lurking Libertarian]

The un(?)intended consequence is that the initiative process was killed today. The California voters approved the initiative process in 1911 led by Governor Hiram Johnson and the new Progressives elected to the legislature (there's irony for you), in part to overcome a corrupt state government in the pockets of the railroads (think today's lobbyists). It gave the people a direct way to address an issue if the legislature wouldn't act or acted contrary to the people's will. Flash forward 100 years. The people pass a proposition (initiative). The Governor/AG don't like it. Someone sues. The Gov/AG decide to NOT defend it in court, even though that is their job. Challenge wins, initiative overturned. The SC court just sanctioned ignoring the voice of the people, by stating the people don't have standing to defend, only the constitutional officers (politicians) do.

I agree with you that something smells about this result. But to put this into context:

1. Courts are least likely to intervene when there is a political solution available. If elected officials ignore the will of the voters, they can be recalled, impeached, or (most commonly) not re-elected. Gov. Brown and AG Harris are getting away with this only because California public opinion has shifted since 2008. If there were still broad-based opposition to gay marriage in California, the Republicans in the legislature would be screaming about this and holding impeachment hearings.

2. This is part of a broader pattern in which executive branch officials have numerous means at their disposal to disregard laws they don't like. Law enforcement can simply decline to make arrests (look at the county sheriffs in Colorado who are saying they won't enforce the state's new gun control laws); prosecutors can decline to prosecute people even if the police make arrests (in many cities, prosecutors have policies of not prosecuting small-quantity drug possession cases); Governors can issue pardons; etc.

[SecAmndmt]

“I’m interested in your thoughts on the next to last question you posed.”

a.) the Pulpit is for the most part silent on important issues of the day and b.) because the church seems to embrace a faulty interpretation of Romans 13, that civil authority trumps God, family authority, church authority and individual authority in everything.

We can resolve the gay “marriage” debate in less than a generation, if Christians home school their children or insist on a private Christian education (in addition to insisting on a rebate of our public “school” tax dollars).