In a "Solomonic decision," said Ed Morrissey in Hot Air, California's Supreme Court on Tuesday upheld Proposition 8, reversing the same court’s earlier declaration of gays' right to marry. “The court split the baby, figuratively speaking,” by letting stand 18,000 same-sex marriages conducted before voters approved Prop. 8. The court did the right thing—the constitutional amendment banning gay marriage passed fair and square, but that’s no reason to dissolve marriages conducted before it became law.
Leaving 18,000 gay marriages on the books assures that the Supreme Court will have to revisit the issue, said John Arovosis in AmericaBlog. The fact that those marriages can exist without destroying society “will call into question, if not outright destroy, the bigots' argument for why the state has an interest in banning gays from getting married.”
“Politically,” the court's Prop. 8 decision was perfect, said Andrew Sullivan in The Atlantic. “It would have been dreadful if voters were retroactively told their valid vote was somehow null and void,” and “equally dreadful if those couples lawfully wed were subsequently forced into divorce by the court.” Now these couples and their families will become the focus of the debate, “as they should be.”
THE WEEK'S AUDIOPHILE PODCASTS: LISTEN SMARTER
- The U.S. is about to sell weapons to Vietnam. That's bad news for China.
- What the Middle Ages can tell us about the GOP's big charity myth
- Why is the Pentagon stuffing caves in Norway full of tanks?
- An open letter to #brands about Gamergate
- Did the media get Ferguson wrong?
- When Khomeini said no to Iranian nukes
- How to be the most productive person in your office — and still get home by 5:30 p.m.
- 43 TV shows to watch in 2014
- 10 things you need to know today: October 23, 2014
Subscribe to the Week