A Gay Marriage Right in California
"Nothing the California Court majority said should deter these states from recognizing that gays and lesbians, no less than heterosexuals, have a right to the community's recognition of the seriousness of their commitments."
Now, there's an interesting "right" to have.
The people of California have voted against granting this right to same-sex couples. The California Supreme Court knows better. Just like a majority of the U.S. Supreme Court knew better when it found a right to abortion in the U.S. Constitution.
Suddenly, gays and lesbians have a right to "recognition" of the seriousness of their commitments.
So why don't polygamists? Why shouldn't they have the same right? Why shouldn't communities be forced to recognize and appreciate the seriousness of the commitment of one man and three women? On what legal basis is their right to enter into such an arrangement denied?
The way it is supposed to work is that communities (i.e. states) are supposed to decide these things through their elected representatives. If the people find a difference between the value of a heterosexual coupling and a heterosexual threesome, well, this is a democratic republic and the PEOPLE get to decide these things.
If gays want the right to marry - as they apparently do - all they need to do is convince a majority of the people that it's a good idea, good for the community, good for everybody. Public opinion has moved in their direction.
But most "communities" don't like to be told what they must recognize as good, like say, the busing of THEIR children to achieve racially integrated schools. They don't like it any more than they like government-forced segregation, which the PEOPLE outlawed over time.
This appeal to the judicial branch, is typically a tactic of progressives and liberals to impose their will on what they consider to be a backward majority.
They shouldn't be so surprised when the majority bristles at being ordered around concerning what they must respect.
UPDATE: Steve Chapman says pretty much the same thing here.