GAYS AND THE RULE OF LAW: Chicago Tribune editorial

...This was not a ruling against gay marriage. The court stressed that its decision is entirely separate from, and irrelevant to, the question of whether the current ban violates the state constitution. A lawsuit raising that issue is now working its way through the lower courts and could be addressed by the state Supreme Court next year.

No, this case was about something more fundamental: the rule of law. The California legislature had passed legislation barring same-sex marriage and California voters reaffirmed that approach in a 2000 referendum.

Like all laws, this can be challenged in court by those who doubt its constitutionality. And it's entirely possible that this law could be struck down. Mayor Newsom, however, not only took it upon himself to decide that the law is unconstitutional, but insisted he was obligated to institute a contrary policy.

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posted by Eve at 5:37 PM | link

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