California’s Supreme Court Declares Marriage Unconstitutional

California’s Supreme Court Declares Marriage Unconstitutional

California’s Supreme Court refused today to recognize a “compelling state interest” in traditional marriage:

“We cannot find that retention of the traditional definition of marriage constitutes a compelling state interest. Accordingly, we conclude that to the extent the current California statutory provisions limit marriage to opposite-sex couples, these statutes are unconstitutional.”

By a 4-3 decision, the court struck down Proposition 22, which defined marriage as one man and one woman. That initiative won by a landslide 61-39 percent margin.

High courts in other jurisdictions, including New York and Maryland, have in fact found a compelling interest for their states to recognize only marriage between one man and one woman. The California court could have done likewise, but chose not to.

Justices voting in the majority were:

Chief Justice Ronald George, who wrote the opinion. He was appointed by former Gov. Pete Wilson, a Republican, in 1991.

Justice Joyce Kennard, appointed by Republican Gov. George Deukmejian in 1989.

Justice Kathryn Mickle Werdegar, appointed in 1994 by Gov. Wilson.

Justice Carlos Moreno, appointed in 2001 by Gov. Gray Davis.


Justice Marvin Baxter, appointed by Gov. Deukmejian in 1990. He accused the court of substituting “its own social policy views for those expressed by the people.”

Justice Ming Chin, a 1996 Wilson appointee.

Justice Carol Corrigan, a 2005 appointee of current Gov. Arnold Schwarzenegger.

Today’s ruling will have unintended consequences. The ruling will allow legal same-sex “marriages” in 30 days and puts men, women and children at risk. Taxpayers will pay out more in social agency costs as a result of today’s decisions. The nations that do allow same-sex “marriage” have shown high rates of domestic violence rates in the homosexual community, and children do not fare well in homes headed by homosexual adults. The safest place for children is in the homes of married parents of opposite gender.

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