Last year, the elected Supreme Court Chief Justice of Alabama was told by a federal appeals court judge to remove a piece of furniture from his courthouse. In that case, no law was being broken, and the Judge Moore’s refusal to comply cost him is position. [See Rule of Law verses Rule of Judges]
Now, in San Francisco, the mayor has ordered that marriage licenses be given to homosexual couples, despite the fact that California citizens voted overwhelmingly to make it law that a marriage is between one man and one woman. In this case, the mayor is clearly breaking the law, and no legal or constitutional acrobatics are necessary to realize that. Unlike in the Alabama Ten Commandments issue, there is a clear law on the books in California prohibiting what is being allowed in San Francisco.
And yet, nothing is being done. It is in fact the responsibility of the governor of California to oversee the execution of California’s laws. However, Governor Schwarzenegger has simply issued a statement that he “encourages” San Francisco officials to abide by the law. How nice… and the courts? They are allowing this show to go on for a while because someone misplaced a semicolon in a legal filing. Perhaps the California courts will eventually affirm that the marriage licenses in question are invalid, but the damage has been done.
What we have here is a clear and blatant double-standard. Where Judge Moore broke no law and merely did not bow to the whim of an activist judge, the mayor of San Francisco is openly defying a law recently passed by the majority of California voters, and getting away with it. Whereas Judge Moore could be attacked and vilified because he was upholding what he believed was the foundation of law in Alabama, Mayor Gavin is untouchable because his cause is politically correct and designed to completely dismantle the traditional definition of a family unit.
If this continues and so-called “gay marriage” eventually becomes legal in the US, a government marriage license will be utterly meaningless.