To say that this all could have been avoided if same-sex marriage proponents had only chosen a more "democratic" approach is patronizing and sophomoric. No path to same-sex marriage is sufficiently by-the-book that opponents will decline to challenge the result.
However, if it wins by democratic means (whether legislative or direct initiative), it's less likely that they'll be able to challenge the result. I don't expect many people to care as much as I do about process, which is why I've been concentrating on the pragmatic side of things: if proponents had succeeded via an approach that required convincing voters that they were right, then this sort of reversal wouldn't have been politically possible. Attempting to end-run the voters in a state where the voters don't even have to bother going through their legislators to undo it, in addition to being in my irrelevant opinion a misapplication of judicial power, is very likely to be a waste of time. One redeemable only by doing, belatedly, what needed to be done in the first place in terms of persuading the electorate.
Which, to be fair, they almost succeeded in doing. Such a moral victory may be cold comfort given the real effects that losing will have. But still, it's a sign that there's a decent chance that the real fight can be won in the long run. And a lot of same-sex marriage supporters have lately learned just how little barrier there is to getting the CA constitution amended...
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However, if it wins by democratic means (whether legislative or direct initiative), it's less likely that they'll be able to challenge the result. I don't expect many people to care as much as I do about process, which is why I've been concentrating on the pragmatic side of things: if proponents had succeeded via an approach that required convincing voters that they were right, then this sort of reversal wouldn't have been politically possible. Attempting to end-run the voters in a state where the voters don't even have to bother going through their legislators to undo it, in addition to being in my irrelevant opinion a misapplication of judicial power, is very likely to be a waste of time. One redeemable only by doing, belatedly, what needed to be done in the first place in terms of persuading the electorate.
Which, to be fair, they almost succeeded in doing. Such a moral victory may be cold comfort given the real effects that losing will have. But still, it's a sign that there's a decent chance that the real fight can be won in the long run. And a lot of same-sex marriage supporters have lately learned just how little barrier there is to getting the CA constitution amended...