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...courts are part of a larger governmental structure that remains legitimate," he told TIME. "So long as there is a democratic recourse to change [decisions that Christians consider extreme], I would counsel the church to continue to see the courts as legitimate. Should the California supreme court invalidate Prop 8, it would put that court in direct defiance of the people of California." As long as the initiative process exists, there is a political solution, he said...

Author: /time Magazine | Title: After Prop. 8, Gay-Marriage Proponents Plot Next Step | 5/26/2009 | See Source »

...rest of the justices disagreed with Moreno, George's opinion did suggest a way out: Californians could change the constitution again and write in extra safeguards that would make it more difficult for changes to weaken the most important rights enshrined in the constitution. But in saying that, the court also rejected an argument by attorney general Jerry Brown, a likely candidate for governor, who had argued the court should itself declare some rights off-limits to the regular amendment process. George declined, saying that's something only the people...

Author: /time Magazine | Title: After Prop. 8, Gay-Marriage Proponents Plot Next Step | 5/26/2009 | See Source »

...fight, which has considerably broadened in the months since Prop. 8 passed. States like Vermont and Maine have embraced gay marriage, and New York is among others that may do so soon. And in a telling bit of irony, Moreno began his dissent by quoting not from his own court's historic 2008 opinion, but from one issued earlier this year in Iowa. "The 'absolute equality of all' persons before the law [is] 'the very foundation principle of our government,'" he wrote...

Author: /time Magazine | Title: After Prop. 8, Gay-Marriage Proponents Plot Next Step | 5/26/2009 | See Source »

...marriage supporters do press the vote again, they will have one ready source of allies - the 18,000 couples who were married in the brief window of time when gay marriage was legal in California and whose marriages remain intact. The court unanimously upheld those marriages in Tuesday's opinion. At the end of last week, as if anticipating the court defeat, the Human Rights Campaign, a gay-rights advocacy group, released an inspirational video to rally support, promising that the 18,000 couples and their friends around the country would not be backing down. (See pictures...

Author: /time Magazine | Title: After Prop. 8, Gay-Marriage Proponents Plot Next Step | 5/26/2009 | See Source »

Meanwhile, gay marriage opponents were relieved that the court ruled in favor of Prop 8. Speaking just before the ruling was announced, the Rev. Albert Mohler told TIME that the court must tread carefully to avoid eroding its credibility. "Repeatedly, courts at every level have taken action to undermine their own legitimacy in view of public," said Mohler, who is president of the Southern Baptist Theological Seminary in Louisville, Ky. But he also said that thanks in part to the democratic nature of amendment processes like those in play in California, even the most outrageous rulings can be absorbed...

Author: /time Magazine | Title: After Prop. 8, Gay-Marriage Proponents Plot Next Step | 5/26/2009 | See Source »

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