David Bass, writing in the American Spectator:
If only California Gov. Arnold Schwarzenegger realized it. Appearing on CNN during the weekend, Schwarzenegger made no play at moderation or fence straddling and instead suggested that the California Supreme Court overturn Proposition 8.
“It’s unfortunate, obviously, but it’s not the end,” he said. “I think that we will again maybe undo that, if the court is willing to do that, and then move forward from there and again lead in that area.”
Let’s be clear on what this means. A Republican governor is encouraging a state supreme court to legislate from the bench and overturn the will of the people — not for the first time, either. To legalize same-sex marriage, the California high court had to overturn Proposition 22, an initiative passed in 2000 that enshrined the traditional meaning of marriage in statutory law. A move by the California supremes to strike down Proposition 8 would be the second time the court overthrew the will of the people.
