Yet Another Blow For Same-Sex Marriage
Another week, another court ruling against same-sex marriage proponents, who now have been defeated on either coast within the past month. This time, it was the Washington Supreme Court that declared by a 5-4 vote that it would not interfere with a legislative assessment that favors heterosexual marriage over same-sex marriage. The ruling was strikingly similar to one issued a few weeks ago from the New York Supreme Court, which ruled after another sharply-divided vote that it was not the responsibility of the courts to second-guess legislative choices that favor one form of marriage over another.
Like the New York court before them, the justices in the Washington state majority directed the defeated plaintiffs to press their case and their cause before the people, and their representatives, saying that if there were a political consensus to permit same-sex marriage the courts would have no problem endorsing the practice. It is becoming increasingly clear, with disappointing decision after decision, that if the law is going to change to broaden same-sex marriage rights it is going to have to change from the grassroots and not from behind the bench.
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