“We are disappointed by the ruling today by a panel of the Ninth Circuit that would invalidate the action taken by the people of California affirming that marriage unites a woman and a man and any children from their union. However, given the issues involved and the nature of the legal process, it’s always been clear that this case would very likely be decided by the U.S. Supreme Court. Marriage between one man and one woman has been””and always will be””the most basic building block of the family and of our society.
“In the end, through sound legal reasoning, we believe the court will see this as well and uphold the will of the voters as expressed in Proposition 8. We continue to pray for that positive outcome.”
Well said by the Roman Catholic bishops.
To put this ruling in perspective what if:
1. The US Supreme Court ruled that the US Constitution required that X be allowed.
2. The Constitution was then amended as provided in Article V that the Court was wrong and the X was not allowed.
3. The Supreme Court then ruled that because it allowed X it was a violation for the Constitution to be later amended to disallow X and that therefor the amendment was unconstitutional and is void.
4. Thus the Court’s original ruling was reinstated.
Yet this is precisely what the 9th Circuit ruled. Prop 8 was an amendment to the California Constitution, as allowed under that document, to overrule a decision interpreting the state’s constitution by that state’s supreme court. Until the California Supreme Court made its ruling same sex marriage was never a “right” allowed under that state’s constitution. Yet a federal court has said that in this case the people of the state cannot amend its own constitution to correct that state’s Supreme Court’s judicial interpretation of that document.
A truly breathtaking ruling both as to law and logic.