The "widely respected" (by the Los Angeles Times) California Supreme Court ruled yesterday that businesses offering discounts or other benefits to married couples must offer the same to registered domestic partners, most of whom are homosexuals. The sages argued that "A business that extends benefits to spouses it denies to registered domestic partners engages in impermissible marital status discrimination."
Got that? California law does not recognize homosexual marriage, and so it is the law---The People---that engages in "marital status discrimination." Put aside the issue of freedom of contract. Put aside the issue of what marriage means. Put aside the likely attendant effects that would follow upon a change in the fundamental definition of marriage. Ignore the implications of the evolution of marriage over the millenia in virtually all human societies in terms of the social function of marriage as an institution. Ignore the effects of weakening incentives for marriage. Put aside the opportunities for rampant fraud, as roommates, third cousins twice removed, and others register as "couples" so as to obtain insurance discounts, easier real estate credit, ad infinitum. Focus instead upon the deeper implication of this ruling: In the view of the sophisticates, self-government simply is unacceptable if it yields outcomes inconsistent with the demands of those interests favored by the modern high priests of political correctitude. So much for the separation of church and state.
The silver lining is that two initiatives proscribing homosexual marriage in California are likely to appear on the ballot this fall. The black-robed Solomons have improved the prospects for voter approval, in a blue state.