Tuesday, June 17, 2008

The Media is Wrong Again: California Same Sex Marriages are Not Legal

According to Dictionary.com, for something to be legal it must be “permitted by law; lawful.” There is no law sanctioning same sex marriage in California there is only a court ruling. The courts may not make law; hence, the marriages in California cannot be said to be legal. On the surface it may seem that since the California Supremes struck down the law saying that marriage in California is only between a man and a woman, that, hence, the same sex marriages in California cannot be said to be illegal either. Still the media widely reports that same sex marriage is now legal in California. It is not. Court ordered extra legal “marriages” are now being officiated by California government representatives. That’s a little more accurate. How accurate can anyone be when the foundation of law in California, its constitution, has been ripped to shreds by the very body that has sworn to uphold it?


John D said...

No law permits me to sing in the shower, therefore it must be illegal for me to sing in the shower (and with good reason).

There is no law forbidding same-sex couples from marrying (at least, not any more). Couples whose unions are not on the prohibited list are legally allowed to married.

No law specifically allows men named William to marry. By your logic, men named William can't marry.

paulbenedict said...

Hi John,

Your first example is good. I suppose there are a variety of things that are (thank God) still outside of human law. Singing in the shower is one of those (unless your roommates object). Your second example is a little weaker. There are specific kinds of laws that govern William's marriage. He may by our laws marry "illegally" in a whole host of ways. My post is a little tongue in cheek. Because there are no laws (that haven't been struck down) against same sex marriage in California, one cannot claim those marriages as illegal. However, unless we concede that the judiciary is now a second super legislative branch (which what the courts appear to think they are), then we cannot say that the gay marriages in California are legal.