September 07, 2005

When is an activist judge not an activist judge?

When they're agreeing with conservatives, of course.

A bill to legalize same-sex marriages passed the California legislature today, and Ahnold has threatened it with a veto:

The legislation could be vetoed by Gov. Arnold Schwarzenegger, who has expressed an acceptance of gay marriages but said it's an issue that should be decided by voters or the courts.

"He will uphold whatever the court decides," spokeswoman Margita Thompson said Tuesday after the state Assembly approved the same-sex marriage measure, 41-35. The Senate had approved it last week.

Pace all those conservatives who forget the courts are part of our government, and insist that state legislatures should be the ones approving or denying gay people the right to legal recognition of their families, of course. Follow the link for a nice little survey of these.

Frankly, I'm not even sure what the hell 'the court' is supposed to rule on here. The appellate court is considering an earlier ruling that overturned the law banning gay marriage, but isn't the legislature allowed to enact new laws that run the exact opposite of old laws?

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