Thursday, August 12, 2004

Rule of Law Returns to San Francisco

Finally!

The California Supreme Court ruled that the mayor of San Francisco overstepped his authority when he illegally issued marriage licenses to same-sex couples in defiance of state law.

I've said it before, and I'll say it again: you don't change laws by disobeying them, and that's especially true of politicians on all levels of government! If you are a politician, you use your position to influence legislation for or against an issue, not do what you want in defiance of the law. The mayor's actions weakened the entire system and the California Supreme Court's unanimous decision strengthened and reinforced it.

I would have been cheering if Governor Schwarzenegger had ordered State Police to arrest the mayor for defying the law. This ruling is not about gay rights, it is about a politician who took an issue and illegally used his authority to effect change on the entire system after it had already been decided by state law. California law currently states that marriage is solely between a man and a woman. The mayor knew that, and he broke the law. What can happen to politicians who break the law?

The gay rights issue itself (in California) will be decided in about a year when brand-new lawsuits challenging the state law finally reach the California Supreme Court.

The mayor should still be charged with abuse of power, corruption and failure to uphold the California Constitution as he swore to at his inauguration. His attempt to force the system to change has failed. The California Supreme Court may agree with the mayor's goal in about a year, but at least it will be a LEGAL change, not a hokey act of defiance by a bombastic politician.

For the record, I think California's current law is correct. Marriage is between a man and a woman; civil unions are for everyone else.

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