FOLLOW THE LEADERS: William J. Rubinstein

...It's easy to dismiss Monday's decision as that of an ultraliberal San Francisco judge. But if there's news here, it's that San Francisco's courts are following other courts on a gay rights issue, not leading them.

Even within California, Judge Richard A. Kramer of San Francisco County Superior Court, who issued the opinion, is following the political branches of state and local government, not leading them. He's no judicial activist. San Francisco's city council enacted ordinances recognizing same-sex couples decades ago, and its mayor famously wed same-sex couples a year ago. In the past few years, the California Legislature has enacted laws granting same-sex couples almost all of the same rights and responsibilities as married couples.

Conservatives denounce judges who get ahead of legislatures, alleging that they are trying to change the world with a stroke of the pen, but that's not the situation in San Francisco. Same-sex couples' rights came from its legislature first, its mayor second and the judiciary last.

It is true that Judge Kramer declared a ballot initiative enacted by the state's voters unconstitutional. But that ballot initiative was not supported by voters in the Bay Area, and it does not appear to align with the views of a majority of the Legislature in Sacramento. One can disagree with Judge Kramer's ruling, but it is difficult to argue that his views are outside the mainstream.

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posted by Eve at 5:21 PM | link

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