Thursday, May 15, 2008

Justice Kennard Gets it on Gay Marriage Ruling by California Supreme Court

In a concurring opinion, Justice Kennard writes: " Absent a compelling justification, our state government may not deny a right as fundamental as marriage to any segment of society. Whether an unconstitutional denial of a fundamental right has occurred is not a matter to be decided by the executive or legislative branch, or by popular vote, but is instead an issue of constitutional law for resolution by the judicial branch of state government. Indeed, this court’s decision in Lockyer made it clear that the courts alone must decide whether excluding individuals from marriage because of sexual orientation can be reconciled with our state Constitution’s equal protection guarantee. (Lockyer, supra, 33 Cal.4th at pp. 1068-1069.) The court today discharges its constitutional obligation by resolving that issue. " Thank you, Justice Kennard, for stepping in and doing the right thing for same sex couples! --Scott

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