FLASHREPORT

California's Supreme Court ruled today that California's statutory ban on same-sex marriages is unconstitutional.  The court also held that the term "domestic partner" creates injury for those who are so labeled in that their dignity is presumptively attacked by carrying such a label.  As such, the court held that to deny a member of a domestic partnership the legal right to call their union a marriage is also unconstitutional.   

Justice Baxter, in crafting his dissent stated: 

"I cannot join this exercise in legal jujitsu, by which the Legislature's own weight is used against it to create a constitutional right from whole cloth, defeat the People's will, and invalidate a statute otherwise immune from legislative interference. Though the majority insists otherwise, its  pronouncement seriously oversteps the judicial power. The majority purports to apply certain fundamental provisions of the state Constitution, but it runs afoul of another just as fundamental — article III, section 3, the separation of powers clause. This clause declares that "[t]he powers of state government are legislative, executive, and judicial," and that "[p]ersons charged with the exercise of one power may not exercise either of the others" except as the Constitution itself specifically provides. (Italics added.)"

Amen to that.  Courts are often labeled as "activists", sometimes befittingly, and other times unfairly.  Regrettably, in this Court's decision, the label fits all too well.  With a State Legislature already running amok with liberal activists, the very last thing we can afford is to have a State Supreme Court join the Legislative liberal majority in this most unholy marriage of convenience.

Now we wait with bated breath for November voters to overturn what Schwarzenegger will almost certainly do in the next few months.  Don't ya just love this State!