catalenamara (catalenamara) wrote,

*What* judicial activism? Gay marriage in California

I recently attended Shore Leave, a science fiction convention in Baltimore, MD. George Takei was one of the guests. The attendees showered him with good wishes on his upcoming September marriage to his long-time partner, Brad Altman (who also attended the convention.)

(Takei had some cool things to say about fan creativity, including fan fiction and art and costuming. I don’t remember the details, but he was basically applauding the way fans interact with “canon” to create new things.)

After returning home to California, I attended a gay wedding at a Unitarian church, which was very cool. This was the first gay wedding at this church, and the minister was clearly proud and pleased and delighted to be officiating.

So when I read articles like this one, I wonder just what is it with people like Orson Scott Card who keep screaming “judicial activism” when referring to California gay marriage?

fajrdrako had this link in her LJ:

Aside from saying I disagree with just about every aspect of this article, Orson Scott Card has it wrong. California gay marriage has nothing to do with “judicial activism”.

Here's a brief history – I hope my memory is correct!

In 2005, the California State legislature approved gay marriage.

Here’s a quote from article I link to below: “The same-sex marriage bill - which squeaked by in the State Senate and Assembly earlier this month with no Republican votes - was the first in the country that legalized gay marriage using the power of the legislature without a court order.”

Gov. Schwarzenegger vetoed the legislation.

(Schwarzenegger’s veto was what inspired George Takei to "come out".)

A legal case or cases were filed because of the veto and went to the California Supreme Court.

The State Supreme Court upheld the original legislation.

Gov. Schwarzennegger announced he would not oppose the court decision, nor would he participate in any campaign against gay marriage.

Guess the anti-gay marriage folks just can’t be bothered with facts.

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