A marriage of convenience: The Washington Times Editorial

May 21, 2008

The Supreme Court of California's unilateral redefinition of marriage last week showed so much contempt for the doctrine of separation of powers that even many supporters of gay marriage who once spoke favorably of Massachusetts' similar 2003 ruling are uncomfortable with California's. The editorialists at The Washington Post, for instance, who consider gay marriage "a matter of social and political justice," lambaste the court for "an unnecessary bout of judicial micromanagement by redefining marriage through a novel reading of the state constitution." They worry that the "flawed court decision could trigger serious political backlash because the outcome was produced not by the state's voters but by a 4 to 3 majority of judges."

If by "backlash" one means a reassertion of constitutional prerogatives in a November defense-of-marriage ballot initiative to amend the state constitution, that last part is correct. This ruling is a constitutional travesty. the rest