davehogg

I'm reading the actual California Supreme Court decision, and I'm fascinated by the way that the opinion goes out of its way, over and over, to stress that the reason they are upholding the vote of the people is that same-sex couples aren't losing any legal rights, they are only losing the term "marriage".

I understand what they are saying, and this reads like the most reluctant court decision ever. You get the strong sense that what they really wanted to say was "Look, we don't want to do this, but we live in a state that lets 50.01% of voters change the Constitution on a whim, and the Prop. 8 people did a good job of writing the measure, so we don't really have a choice. Sorry."