The great thing about legislative civil rights victories like the civil unions bill passed last spring here in Connecticut and the even more historic equal marriage rights legislation passed yesterday by California’s legislature is that it deprives the opponents of civil equality under the law of their judicial tyranny arguments and leaves them stuck opposing equal rights for all couples on the merits. One of the most squeamish about having to take sides on the substantive issue here is Governor Schwarzenegger, who in the LA Times today is grasping desperately for any “unrepresentative elites” argument he can get his hands on. Schwarzenegger’s gambit to have his centrist image and eat it too? Pinning the “unrepresentative elite” argument on the legislature. I expect we’ll see more of this in the future: Republicans rising to disparage the republican system of government in favor of direct democracy through ballot initiatives on the grounds the marriage issue strikes so deep that legislatures, like courts, can’t be trusted with it. That means deliciously ironic statements like this one from Schwarzenegger’s spokeswoman:
The people spoke when they passed Proposition 22. The issue subsequently went to the courts. The governor believes the courts are the correct venue for this decision to be made. He will uphold whatever decision the court renders.