...and now, thanks to the California State Supreme Court, the restrictions will apply.
What stings is that 52% of the people who voted for Proposition 8 last November were upheld by all but one of the conservative seven member California high court. And, to add pressure to this already needlessly explosive issue, two attorneys who had previously squared off against each other in 2000's Bush v. Gore are joining forces on behalf of two same sex couples who were denied the right to get married because of Prop 8.
The filing in federal court has been met with jitteriness by same sex marriage advocates, who do not see the current Supreme Court as being ready to rule on what is ostensibly being viewed as an abrogation of the 14th amendment. In yesterday's ruling, the state's high court allowed the 18,000 pre-existing same sex marriages to stand and basically punted the issue back to the voters. If it gets on the next ballot, California's voters will have another crack at it.
Personally, I would rather see it go that route. Both gay marriage advocates and opponents are loath to get the federal government involved. The last time that had happened, Bill Clinton and Congress inflicted the Defense of Marriage Act on us. But virtually every one who has weighed in on this issue is in agreement on one thing: The federal government should not get involved on what is widely viewed as a state issue.
While it would be nice and the social equivalent of a hydrogen bomb for the gay rights movement if the federal government made gay marriage legal across the land, it would be immediately met with countless lawsuits in both federal and state courts. Putting an anti-Proposition 8 measure on the next California state ballot makes sense when you consider that outfits such as Focus on the Family literally went broke trying to kick gay marriage out of the state.
I say kill them through attrition. Wear the bastards down. Gay rights advocates should match what the other side is putting up dollar for dollar and then some. Get out the youth vote, as younger voters are either in favor of gay marriage or don't care enough about it to vote against it. Push back and push hard and insistently, push the bigoted bastards back into the primordial ooze from which they originate.
There is no reason why my state of Massachusetts or Iowa, New Hampshire, Connecticut or Maine deserves gay marriage more than California.