California Court to Enforce 'gay marriage'

California Supreme Court refused to grant the motions to stay its controversial 'homosexual marriage' order until the people can vote in November.

SAN FRANCISCO, CA (Catholic Online) - The California Supreme Court, with no legal precedent, legislative warrant or constitutional authority, engaged in a new form of Judicial Alchemy on May 15, 2008.

By waving a judicial pen they decreed that homosexual partnerships are the legal equivalent of marriage.

The response to this act of unilateral Judicial arrogance was the filing of motions by numerous Parties, including the Attorneys General of Ten States.

The parties all asked the Court to stay the implementation of its Order until the people of the State of California could vote on the issue.

California Secretary of State Debra Bowen certified the legitimacy of a ballot initiative, including well over the requisite number of signatures, which will allow the people of California to decide in November on a State Constitutional Amendment which reads that "only marriage between a man and a woman is valid or recognized in California."

If passed by the people of California it will overrule the California Supreme Court's action.

The California Supreme Court denied all of these motions. In an act which reveals the implications of the philosophy of legal positivism. Such an approach to jurisprudence holds that the law is what Judges say it is.

The Court issued an order that its unilateral decision is final at 5 p.m. on June 16, 2008.

California Officials have already amended marriage license applications to remove any reference to male or female. The new applications read "Party A" and "Party B".

Homosexual partners who obtain these licenses and go through the civil proceeding will be considered 'married' by the State of California.

But, the questions about the legal future of these relationships abound.

If the homosexual 'marriage' occurs during the months preceding the vote on the amendment, and the amendment is passed, what is the status of the civil contract?

If such couples proceed with the ceremony and then travel to a State such as New York to seek residency and the amendment passes, what happens? The Governor of New York unilaterally issued an Executive order requiring that such marriages be recognized by New York authorities.

All of this now presents the presumptive nominees of both major Political parties with an issue they would like to avoid, but one which must now be dealt with.

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