2004 Revisited
California Supreme Court Overturns Gay Marriage Ban

Map of 2004 General Election

From the New York Times, May 16th: The ban on same-sex marriage that was imposed by a state ballot initiative in 2002 was overturned by the California Supreme Court, in a decision not unlike that made in Massachusetts. The difference is that the people in Massachusetts were not allowed by their legislature, to vote on a ban. Would a people’s vote on a ban make any difference – apparently not?

In 2004 the hot topic in several key battleground states was the placement on the ballot of initiatives to keep the term marriage limited to those couples that were male and female. In those states that placed that question on the ballot, George W. Bush won handily.

The Washington Post article notes that “A nationwide Gallup Poll taken last week shows opposition to same-sex unions has not eased, and the voters most likely to say it could affect their vote are almost all opposed to gay marriage.”
The fact that the term marriage carries religious connotations brings up constitutional questions. Is there not a separation of church and state? Would it not be better to acknowledge a “domestic partnership” as opposed to using the term marriage, when these partnerships would hold the same legal privileges?

In 2004 John Kerry first supported the actions of his states supreme court and later re-thought his position, but to no avail. Activist judges are seen by many in this country as tied to the Democratic party.

Laws are, of course, subject to debate and reform, but those that are touched by the constitution, specifically when religion is at the core of a subject, should not have been brought before or acted upon by any state supreme court, and these rulings should be brought before the Federal Supreme court and overturned.