The California Supreme Court will rule Tuesday on the constitutionality of Proposition 8, the recent ballot measure that reinstated a ban on same-sex marriage. The ruling will also determine whether 18,000 (or so) same-sex marriages will continue to be recognized by the state.
As readers of this blog know, I think it's ridiculous that two folks of the same gender who are already "married" in many senses cannot be man-and-man or wife-and-wife in every sense. I also think it's inevitable that gay wedlock will become legal and commonplace, and that we'll look back on efforts to block it with much the same attitude we now have towards racial segregation or not allowing women to vote. But I'm thinking it just might not be a great thing if my state's high court decided to overturn the ballot measure. I think I'd rather see it overturned by another ballot measure…as it will be, next time we're asked to vote on it. Some polls even indicate Proposition 8 would fail if we voted on it today.
I guess I'm wondering out loud here if it wouldn't be better to do it that way, thereby making the decision The Will of the People instead of The Will of the California Supreme Court. If the justices overturn it, they may be legally correct but we'll then have to hear about "activist judges" who think they know better than the citizens of the state and are thwarting "our" decision. That kind of thing could energize the anti-gay forces just as they're losing strength. A lot of people are willing to accept same-sex marriage as something that society has decided is okay but not as something some court has forced upon us. Yeah, I know it might take longer to make gay wedlock the law of our land if we wait 'til it can get on a ballot again…but it also might make people on the fence more apt to be comfy with it and not provide swing votes for its opponents.
On the other hand, I think it would be cruel and inhumane if the court were to somehow void or rescind all the same-sex marriages that have already taken place. Those folks followed the law as it stood on their wedding days. I hope the Tuesday decision doesn't tear them asunder.