

Posted on: May 20, 2008
The one certain prediction we can make from California’s disastrous court ruling legalizing same-sex marriage is that we are about to see a torrent of litigation in state after state on the subject of gay marriage.
California has no residency requirement for marriage, and state law does not forbid out-of-state couples from getting married there, even if their “marriage” would not be legal in their home state. (Massachusetts does have such a law, which has helped to contain the damage of it’s legalization of gay marriage.)
Even though 26 states – including Idaho – have amended their constitutions to prohibit recognition of gay marriage, and over 40 states have state laws to the same effect, expect these constitution and legal provisions now to be challenged in state after state.
Expect many couples to travel to California to get married, then return home to challenge their own state’s own laws and constitutions. In particular, gay activists will file suit in states where they believe they have friendly, activist judges.
This makes the May 27 election for a seat on Idaho’s Supreme Court of immense importance for the Gem State. The people of Idaho must elect a Supreme Court justice who recognizes that his role is to apply the law, not make the law.
Both candidates for the contested spot on the Court returned the Gem State questionnaire, and their answers to questions on judicial philosophy can be reviewed here.
Commenting is closed for this article.
Click here to go to State News Archives
