So a 2-1 majority on a three-judge panel of the U.S. 9th Circuit Court of Appeals says it’s unconstitutional to rescind a constitutionally granted right through a referendum without a legitimate reason to do so.
The ruling is all about California. But I’m thinking of Iowa.
Tuesday’s ruling that California’s Proposition 8 ban on same-sex marriages is unconstitutional received muted fanfare. It’s very narrowly crafted, scores of analysts said, to apply to California circumstances. The court did not endorse a sweeping right to marriage. It did not, with the stroke of a pen, make gay marriages legal west of the Rockies. And here I thought this was a court so radical and dangerous that it should be abolished by President Gingrich. Go figure.
Its ruling applies in a specific case where a state court ruled that same-sex marriage is a constitutionally protected right before voters then approved an amendment erasing that right. California is the lone place where that’s happened.
But could happen beyond California. And that brings us back home.
Complete article at The Gazette : http://bit.ly/x3orRr