“Gay Marriage” in California

I’ve been meaning to post about last week’s decision for, well, about a week now, but haven’t really had the time to breathe with all these blue books needing graded. I’ll try to come back to this early next week when grades are submitted. For the time being, run, don’t walk, to read Glenn Greenwald’s two analyses of the legal issues. I especially appreciated his day-of explanation of what makes an “activist court” and why this is not judicial activism. I wish some of the law professors I’ve been hearing on the radio over the past week would do some reading in democratic theory and even the Federalist Papers, for god’s sake. 

Glenn Greenwald, “California’s Marriage Ruling—What It Means and What It Doesn’t Mean” from 15 May 2008

Glenn Greenwald, “The California Marriage Decision and Basic Civics” from 22 May 2008.