Judicial Hero

Most news accounts of yesterday’s judicial decision on gay marriage in California have and will concentrate on the four activist judges who voted to overturn the will of California voters. The Source would prefer to give coverage to the three who stood tall, especially Supreme Court Judge Carol Corrigan.

The Source does not hold Judge Corrigan up as a hero because she opposes gay marriage; in fact she personally leans toward supporting it. But Judge Corrigan led the way judicially by putting her own personal beliefs aside, as a good judge should, and voting with the people.

Corrigan wrote, "If there is to be a new understanding of the meaning of marriage in California, it should develop among the people of our state and finds its expression at the ballot box." Her opinion stated that she found no constitutional reason to overturn the will of the voters in this case. She said the court broke their “covenant” with the people of California. “It is no answer to say that judges can break the covenant so long as they are enlightened or well-meaning.”

Unfortunately, in real life heroes do not always win. Judge Corrigan’s courageous opinion was a dissenting opinion and holds legal weight only as a beacon for future justices to use to find their way back to the way our judicial system was meant to work.