- "Analyzing the scope of Proposition 8, the majority opinion explains that, contrary to petitioners’ assertions, the initiative measure does not “entirely repeal” or “abrogate” the aspect of a same-sex couple’s state constitutional right of privacy and due process discussed in the majority opinion in the Marriage Cases — namely, the constitutional right to “choose one’s life partner and enter with that person into a committed, officially recognized, and protected family relationship that enjoys all of the constitutionally based incidents of marriage” — nor does it “fundamentally alter” the substance of state constitutional equal protection principles recognized in that opinion. Instead, it carves out a limited exception to these constitutional rights by reserving the official designation of the term “marriage” for the union of opposite-sex couples, but leaves undisturbed all of the other aspects of a same-sex couple’s constitutional right to establish an officially recognized and protected family relationship and to the equal protection of the laws.~ Judicial Council Of California Administrative News Release # 29 5/26/2009
- "[a]lthough the people through the initiative power may not change the court’s interpretation of language in the state Constitution, they may change the constitutional language itself, and thereby enlarge or reduce the personal rights that the state Constitution as so amended will thereafter guarantee and protect." ~ Justice Kennard California Supreme Ct. 5/26/2009
Justice Wardegar also issued her feelings that the differences between marriages and domestic partnerships should be eliminated in the future. In her Concurring decision she states:
- "all three branches of state government continue to have the duty, within their respective spheres of operation, today as before the passage of Proposition 8, to eliminate the remaining important differences between marriage and domestic partnership, both in substance and perception." ~ Justice Wardegar California Supreme Ct. 5/26/2009
And of course Justice Moreno in his Concurring and Dissenting opinion just doesn't see how any of the justices would side with the majority against the minority:
- "Proposition 8 represents an unprecedented instance of a majority of voters altering the meaning of the equal protection clause by modifying the California Constitution to require deprivation of a fundamental right on the basis of a suspect classification." He states that "[t]he rule the majority crafts today not only allows same-sex couples to be stripped of the right to marry that this court recognized in the Marriage Cases, it places at risk the state constitutional rights of all disfavored minorities" and "weakens the status of our state Constitution as a bulwark of fundamental rights for minorities protected from the will of the majority." ~ Justice Moreno California Supreme Ct. 5/26/2009
As you can tell this issue is not over and as we watch news reports of the next few days we can only pray for the safety of all citizens, churchgoing and otherwise who reject the immorality of homosexual sin and right to marry.
Ephes 6:10 ~ "Finally My brethern, be strong in the Lord, and in the Power of his might."