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Date: 2004-02-23 12:55 pm (UTC)Secondly, Schwarzenegger is not an enforcer of the law. He has no constitutional authority to order the mayor of San Francisco to do anything, and despite his attempt to do so, he also has no constitutional authority to tell the Attorney-General of California to enforce the law either.
Yes, Proposition 22 was voted on, and passed. Yes, as it stands, the licensing of gay marriage is ultra vires according to state law. However, the legal issues are far from settled. The law may be unconstitutional. Because of it's federal implications, it may have to go as far as the Supreme Court.
Schwarzeneggar is only right in one thing - it's up to the courts. And a challenge is being mounted in the courts as to the legality of the licenses. It's just that the court, in its wisdom, has also refused to issue an injunction to stop the issuing of such licenses until the final determination of the issue. Why? Because it was unconvinced that allowing the marriages to continue would cause irreparable harm, which is the standard required in such injunctions.
Schwarzenegger's justification for being involved in this is tenuous at best - it's not a legal one, not a gubernatorial one. It's political. It's not a question of ignoring - he just has no jurisdiction. A more sensible answer would have been, "Well, it's being decided by the courts, and I have every confidence that the will of the people of California will be eventually upheld." But no, he had to take a particular stand because he wanted to pander to the Republican crowd. He can urge all he likes - he's about as impotent as a 85-year-old who had his supply of Viagara cut off by Medicare cuts.
He has no official influence on what is about to happen. He's getting involved in something he has no business being involved in purely for political capital. That is why he deserves ridicule, and contempt.
As for enforcing a law I didn't agree with - that's a whole different context, and a whole different justification. As a prosecutor, it was my job to enforce the law. As a judge, it was my job to decide the law. In both cases, I was involved directly with the system. Der Gropenführer cannot say the same.
P.S. You planning to drop by anytime soon? :(