Wednesday, September 07, 2005

Executive, Legislative, and JUDICIAL

Governor Arnold Schwarzenegger said something that should concern true conservatives. Not that he would sign the gay marriage bill passed by the California legislature. In fact, he will veto it. But his reasoning is a symptom of a larger problem with judicial activism.

A spokeswoman for Schwarzenegger said he believes the issue should be
decided by the courts, not by his signature on legislation. A state appellate
court is considering appeals of a lower court ruling that overturned California
laws banning recognition of gay marriages. "He will uphold whatever the court
decides," Schwarzenegger spokeswoman Margita Thompson said.

When courts create new rights without legislative action, be afraid. On the other hand, if the people decide to do something through their elected representatives, even if one doesn't like the outcome, one generally has to respect democracy. Arnold has it exactly backward.

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