Let’s face it, the California Supreme Court will face a tough decision after it hears oral argument next month on the challenge to Proposition 8 and same-sex marriage. Essentially, the court will have to choose between being on the Roger Taney side of history or egregiously flouting the will of 7 million voters (with a retention election just 18 months away).
Happily, we've come up with a third and much easier way out. As a public service to the court, we’ve drafted the first four pages of an opinion that gets the resolution the majority wants while shifting the blame elsewhere – to our grandstanding hard-working state senators and assembly members.
The opinion would look like this. [.pdf]
— Scott Graham