Saturday, August 14, 2010

A Ploy To Shield Judicial Enshrinement of Gay Marriage in California From Appellate Review?

Proponents of homosexual marriages are pursuing a plan to prevent any judicial review of the substance of a single judge's ruling striking down a voter approved California constitutional provision limiting marriage to the traditional union of one man and one woman. If the gay marriage proponents are successful, the transformation of marriage that they favor will become a permanent fixture of California law in accordance with the fiat of a single black robed honorable.

The others complicit in this effort are two other honorable and horrible oligarchs -- Hollywood's gift to California's governorship and the state's moonbeam attorney general -- neither of whom feel any obligation to defend the decision of California's voters to enshrine the traditional concept of marriage in the state's constitution. Because they personally agree with the decision of the federal district court judge, these two worthies are not going to participate in any appeal.

The argument -- first suggested by the judge who made the initial decision -- is that without the governor or the attorney general participating -- there is no one with standing to represent the state and hence no appeal will be possible. The millions of voters be damned. If this is allowed to stand, the questionable -- actually almost laughable -- and legally baseless multi-paged rantings of the trial judge would become a permanent fixture of the governing law of the State of California.

It cannot be predicted whether the appellate panel that has been chosen to consider the matter will accept this fast shuffle or, instead, allow the private proponents of traditional marriage who participated in the trial court charade to represent California's voters in an appeal to reverse the decision of the trial court judge. Irrespective of the outcome at the initial appellate level, the whole thing will be played out again before the entire Ninth Circuit Court of Appeals and then before the U.S. Supreme Court. 

In the meantime, Californians should keep in mind the roles being played in this by those to whom they have entrusted the offices of the governor and the attorney general, especially as the holder of the latter position is running to become governor. And everybody unwilling to be ruled by black robed tyrants would be well advised to keep their pitchforks and torches (as well as their firearms) close, ready, and quickly accessible.

Note: The contributor of the above feels strongly about, and is focused on how and by whom the issue is resolved, but has no strong predilection one way or the other on gay marriage itself.

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