Legislating from the Bench on Gay Marriage

A political legislature known as the U.S. Supreme Court held a purely-legislative hearing about homosexual marriage on March 26. The hearing debated raw policy preferences and speculated about benefits for and against homosexual marriage. To anyone trained in the law, it violated almost every law and rule of the U.S. Supreme Court. Only a lawyer willing to 'tell' on his profession can reveal how disturbing was the High Court's oral argument in Hollingsworth v. Perry. The case concerns the constitutionality of California's Proposition 8 referendum defining marriage as the joining of a man and a woman. Generally liberal California voted 52% in favor of an amendment to the California Constitution, thus outlawing homosexual marriage and polygamy. In passing Proposition 8, voters acted as a legislature under California's referendum process. Nearly all of the (relevant) oral argument on March 26 involved the advantages or disadvantages of homosexual marriage might be -- and mostly as pure...(Read Full Article)