It was 4 out of 7 on the Supreme Court which legalized same-sex marriage. The legal issue before the court is different this time. Now they have to decide if it was legal to have a proposition on the subject of marriage, not deciding whether marriage somehow discriminated against homosexuals.
but you are right, if the judges are hell bent on imposing homosexual marriage, they might just see merit in this newest lawsuit. Hopefully the judges have respect for the rule of law.
Does anyone else think that these endless lawsuits about marriage, and judges making up the law, has the effect of eroding respect for the rule of law? Laws written in plain language, laws which give every individual the same legal rights, somehow get interpreted as to be “discriminating” against a poltically correct oppressed group.
If this gets overturned, the law will mean no more than it did in the old Soviet Union or does today in China. Tyrants aren't legitimate sources of authority.
All this will be a moot point by next spring. When Barack Obama is inaugurated, among the first things he will do is fire all Federal Prosecutors hired under the Bush (and probably the Clinton) administrations. After all, Bill Clinton did it in 1993. Bush only fired 8, and he got sued for it! But Clinton set the precedent.
He will immediately have his Prosecutors file an injunction on the state of California IN FEDERAL court, barring enforcement of the ban on gay marriage on the basis that this is a violation of their “civil rights.”
He will also urge Congress to pass a law legalizing same-sex marriage and making it binding on all states.
Think it can’t happen? I didn’t think a Marxist could become President of the United States either.