Gay marriage: not legal in California...or anywhere!

"Gay Marriage" Is Not Legal in California or Anywhere Else in the United States!

by Gregg Jackson

Johnathan Rauch begins his article, "Why Gay Marriage is Good For America," (Opinion Page June 21, 2008) declaring: "By order of its state Supreme Court, California began legally marrying same-sex couples this week."

He is 100% incorrect. The fact of the matter is that "gay marriage" is not legal in California because the initiative marriage statute ratified by we, the sovereign people of California in 2000 (Prop 22), enshrined into statutory law that "only marriage between a man and a woman is valid and recognized in California," has not been changed. It remains the "law of the land."

The California Supreme Court merely issued a declaratory opinion that limiting marriage to one man and one woman was "discriminatory" and "unconstitutional." The court however, issued no valid or enforceable court order, as Mr. Rauch incorrectly asserts. Under the California Constitution, only the people can revoke or amend an initiative statute. None of the other three branches can revoke or amend one in any way unless the initiative measure itself so provides. Prop 22 contains no such provision as Judge Baxter clearly affirmed in his dissent.

The marriage certificates which have been illegally altered and issued in California with Governor Schwarzenegger's authorization remain as null and void as those illegally altered and issued by former Governor Romney in Massachusetts when he, like Governor Schwarzenegger, speciously claimed that the "court legalized same sex marriage" and that he was merely "enforcing the law."

Whether or not "gay marriage" is "good" for America is worthy of further debate.

As to whether it is "legal" in California, Massachusetts, or anywhere else in America is not.


Gregg Jackson

Los Angeles, CA

Gregg Jackson is the author of "Conservative Comebacks to Liberal Lies: Issue by Issue Responses to the Most Common Claims of the Left from A to Z" and talk radio show host on WRKO in Boston.