California Court of Appeal – No Right to Gay Marriage
Via Justin Levine (the high profile radio producer Glenn Douchewald describes as an obscure right wing blogger), the California Court of Appeal has overruled the kooky district court ruling finding a “right” to gay marriage hidden in the emanations and penumbras of the California Constitution. That result should come as no surprise. At first, I was slighlty surprised to learn there had been a dissent, but far less so after learning that this dissent came from one of the most lawless judges on California’s bench, J. Anthony Kline. If the name “Kline” sounds familiar to you and you’re not from “the” O.C.,* it should. Kline is the same judge who, in Morrow v. Hood Communications, Inc. (1997) 59 Cal.App.4th 924, 927, infamously refused “as a matter of conscience” to follow a Supreme Court precedent he didn’t like. This time around, his ruling is merely creative and lawless, not a willful violation of his ethical duties as a judge. Given his track record, I guess this constitutes progress, of sorts.
Fellow ex-Californian Captain Ed, ex-fellow Californian Dafydd ab Hugh, and Ron Coleman have more. The Ass. Press has less.
*If the name “Judge Kline” sounds too familiar to you, and you are from Orange County, you may be confusing him with ex-judge Ronald Kline, who was caught with kiddie porn in 2001 and resigned the bench in 2002.
October 6th, 2006 at 10:14 am
It Just Keeps Getting Better and Better…
In my previous post, Judicial Tyrants Teetering On the Brink, I discussed the California state appellate court that overturned the ruling by a San Francisco court requring same-sex marriages (SSMs) in this state, regardless of the 2000 ballot measure t…
October 6th, 2006 at 5:43 pm
New Jersey is coming up and it will allow Same Sex Marriage. NJ likes to be on the cutting edge. The NJ legislature will not overturn the Court. Also, the Supreme Court of California could still go hog wild.
It has just been exported to RI from Mass. Each time without a vote of the people involved. The status quo is then same sex marriage and the forces of tradition and reason have to get supermajorities rather than the wreck the family crowd.
October 7th, 2006 at 12:09 am
Can’t speak to NJ, but I wouldn’t hold my breath waiting for the CA SC to go hog wild. The last time they did, in the mid-1980s, three of them found themselves out of work. Since then, that institution has been curiously sane.
October 10th, 2006 at 2:50 am
You ought to know this and rethink about how to vote.
http://www.armchairsubversive.com/
October 10th, 2006 at 8:55 am
I agree, anyone considering voting Democrat should follow that sleaze merchant link, and refuse to vote for any Democrat who won’t condemn such trash.
October 10th, 2006 at 1:48 pm
That result should come as no surprise.
Only if sanity and honesty are things one should expect from this court.
October 11th, 2006 at 2:24 pm
Marriage wins again in California, Take 2