Friday afternoon I had a chance to sit in as attorneys argued the constitutionality of AB 205 before the appeals court here in Sacramento. AB 205 is the legislation authored by Jackie Goldberg (D), which essentially gave almost all of the rights reserved for married couples to domestic partners. This basically created same sex marriage in California; without calling it marriage. (Story Here)
The primary issue being debated was whether or Proposition 22, The Defense of Marriage Act passed in 2000 protected marriage in name only or in fact also included the rights and responsibilities traditionally tied to marriage.
“The voters of the state are entitled to get what they voted on. No more and no less,” said Deputy Attorney General Kathleen Lynch in defense of the domestic partners law. “How would a voter know they were going to vote on more?”
But what was not reported was a key argument presented by Robert Tyler, attorney for the Proposition 22 Legal Defense and Education Fund. He pointed out that California case law already existed supporting their position that marriage is not merely a status and cannot be separated from the rights and responsibilities traditionally tied to it.
When a member of the three judge panel questioned Deputy AG Lynch on this fact, her only response was that the case law was “Outdated”. These are decisions that were made as early as 1981 and as late as 1985. If they believe that rulings that are less than 20 years-old are archaic, it is easy to see why they don’t support traditional marriage. They probably consider it “Outdated” as well, since it does date back to the beginning of time.
It is crucial that we let these judges know that we are tired of them usurping the will of the people by legislating from the bench. JudgeRecall.com is a group of Sacramento voters who are sending just such a message to Sacramento Superior Court Judge Loren McMaster. He is the judge who chose to ignore established case law in his support of AB 205.
If you want to send a message to out of control judges that you have had enough, the recall of Judge McMaster would be a great way to do so.
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