The California Supreme Court has handed down a decision that affirms the right of voters not to have their will, as expressed in a referendum, blocked by government officials who disagree with them. The ruling came in a case involving Proposition 8, by which voters amended California's constitution to ban same-sex marriages.
Thursday's unanimous decision, written by Chief Justice Tani Cantil-Sakauye, strongly affirmed that ballot sponsors may represent California in defending initiatives when elected officials fail to do so. Gov. Jerry Brown and Atty. Gen. Kamala D. Harris have refused to challenge last year's federal ruling against Proposition 8.
"Neither the Governor, the Attorney General, nor any other executive or legislative official has the authority to veto or invalidate an initiative measure that has been approved by the voters," Cantil-Sakauye wrote for the court.
Well, how about that? Even California's highest court wouldn't tolerate the anti-democratic moves by Jerry Brown and Kamal Harris who wanted to invaldiate the referendum by the back door of not defending the voters who approved the proposition. As their constitutional oath requires. That referendum had superseded a state Supreme Court ruling that had allowed gay marriage. A federal judge had separately ruled that the proposition violated the U.S. Constitution.
For now, at least, it settles the question of who is the ultimate authority in a self-governing society.
"This ruling is a huge disaster for the homosexual marriage extremists," said Andy Pugno, an attorney for ProtectMarriage. "The court totally rejected their demands that their lawsuit to invalidate Proposition 8 should win by default with no defense," he said. "Their entire strategy relied on finding a biased judge and keeping the voters completely unrepresented. Today that all crumbled before their eyes."