I would caution the cheering crowds that view the Supreme Court’s refusal to rule on Prop 8 to step back for a moment. This ruling raises some red flags, and I hope that those opposing Prop 8 can understand that.
Prop 8 made same-sex marriage illegal in California. It was voted on by the people and passed. The Governor then refused to enforce it. Whether or not you agree with same-sex marriage is irrelevant. The process of direct democracy that so many on the left supposedly believe in was dealt a blow today.
If the governor does not agree with the people’s decision then he does not need to listen. In the future, when the same people that are championing this decision are in the majority and the governor is on the opposing side, the governor will not have to listen to their votes. That should raise major concerns for them because in getting a victory, they are also getting a defeat.
The court did not rule that same-sex marriage should be legal, only that the plaintiff did not have the standing to bring the case before the court. If it had been brought up as a voters’ right issue it is possible it may have resulted in a different decision.