I'm just saying that this isn't a clear-cut case of judges needing to protect some minority from horrible abuse. It's very much grey. There are MANY limitations on marriage, and other forms of legal contracts in society. Many are based on historic precedent rather than rational analysis of contemporary needs. Many have the effect of disadvantaging "protected classes" in some way. I'm a white male under 50--and thus a member of no protected class, and a minority that is discrimated against because I have no legal protection from discrimination. So fucking what? You win some, you lose some. The law has warts. Reality has warts. Every legal decision helps one person and screws someone else. Justice isn't just a moving target--it's not possible.
In this case, the majority of California's want it. We have elected a state legislature who are something like 2/3rds for gay marriage. We have a pro-gay marriage governor. But our legislature--the bastards that are supposed to make law--simply won't do it because they don't want to turn the other 45% of voters against them in the next election. Everyone wants it, but nobody would do it so they passed the buck to the supreme court, who shouldn't be part of this equation. A bunch of fucking pussies.
I mean, seriously, given all the faults of marriage as a social, legal, and religious institution, I think my lesbian ex-wife would be better off if the judiciary PROTECTED her from the horrors of marriage. ;)
I'm just saying that this isn't a clear-cut case of judges needing to protect some minority from horrible abuse. It's very much grey. There are MANY limitations on marriage, and other forms of legal contracts in society. Many are based on historic precedent rather than rational analysis of contemporary needs. Many have the effect of disadvantaging "protected classes" in some way. I'm a white male under 50--and thus a member of no protected class, and a minority that is discrimated against because I have no legal protection from discrimination. So fucking what? You win some, you lose some. The law has warts. Reality has warts. Every legal decision helps one person and screws someone else. Justice isn't just a moving target--it's not possible.
In this case, the majority of California's want it. We have elected a state legislature who are something like 2/3rds for gay marriage. We have a pro-gay marriage governor. But our legislature--the bastards that are supposed to make law--simply won't do it because they don't want to turn the other 45% of voters against them in the next election. Everyone wants it, but nobody would do it so they passed the buck to the supreme court, who shouldn't be part of this equation. A bunch of fucking pussies.
I mean, seriously, given all the faults of marriage as a social, legal, and religious institution, I think my lesbian ex-wife would be better off if the judiciary PROTECTED her from the horrors of marriage. ;)
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