JUDICIAL ACTIVISM AT ITS WORST: This will always be immoral. California’s highest court has created a “fundamental” marriage right out of behavior — homosexuality — that is fundamentally wrong and destructive. At left is a homosexual male kissing scene as it appeared on the CBS soap “As the World Turns.” Everywhere Americans turn — TV, media, schools, in corporations and the courts — this unhealthy and immoral behavior is being promoted.
California’s highest court has just invalidated California’s Proposition 22, creating a legal “fundamental” right to homosexual so-called “marriage” out of thin air, under the guise of equal protection. We’re reading the 172-page decision — available at http://www.courtinfo.ca.gov/opinions/documents/S147999.PDF — now, but as we suspected, the court’s majority made use of the fact that in California, homosexual couples already have been given most of the same rights as normal couples — including the right to adopt children.
Footnote 72 on page 117 of the California decision is key:
Contrary to the contention of the Proposition 22 Legal Defense Fund and the
Campaign, the distinction in nomenclature between marriage and domestic partnership cannot be defended on the basis of an asserted difference in the effect on children of being raised by an opposite-sex couple instead of by a same-sex couple. Because the governing California statutes permit same-sex couples to adopt and raise children and additionally draw no distinction between married couples and domestic partners with regard to the legal rights and responsibilities relating to children raised within each of these family relationships, the asserted difference in the effect on children does not provide a justification for the differentiation in nomenclature set forth in the challenged statutes.”





