Yet, no Congress or state legislature ever voted to declare homosexual unions a marriage. The idea has everywhere been rejected. Wherever it has been on the ballot, same-sex marriage has been voted down. In the 13 states where it was on the ballot in 2004, it was defeated by 58 percent to 85 percent -- the last figure rolled up in Mississippi, where black Christian pastors told their flocks to go out and vote down the abomination.
Californians have consistently expressed their opposition and voted against recognizing the idea of homosexual marriages and granting the benefits of married couples to same-sex unions. What is bigotry at the Times is common sense to most Americans.
Homosexual marriage is not in the California constitution, else someone would have discovered it in 160 years. Where, then, did the state Supreme Court find this was a right?
Four of seven justices unearthed this right by consulting what Orwell called their "smelly little orthodoxies." They then decided to overturn the expressed will of the voters, declare their opinion law and order the state of California to begin recognizing homosexual unions as marriages. And they did it because they know the Times types will hail them as the newest Earl Warrens.
Not long ago, a governor of California would have laughed at the court and told the justices to go surfing, and ordered state officials not to issue the marriage licenses. The voters would have put the names of the four justices on the ballot in November and thrown them off the court, as they did Chief Justice Rose Bird, a generation ago.
We used to have executives and legislators like that.
Thomas Jefferson came into office and declared the Alien and Sedition Acts null and void, released all editors from jail, and refused to prosecute any more or to enforce the law. Andrew Jackson said of the great chief justice: "John Marshall has made his decision. Now let him enforce it."
In 2004, San Francisco Mayor Gavin Newsom handed out marriage licenses to thousands of homosexuals. Today, conservative mayors in California, if there are any, might engage in similar civil disobedience against this latest judicial usurpation of the legislative power that belongs to elected representatives and the people.
What's sauce for the goose, etc.