Legal Opinion · Concurring in part, dissenting in part

In Re Marriage Cases

California Supreme Court

Decided May 15, 2008No. S147999Published

1Concurring in part, dissenting in part

BAXTER, J., Concurring and Dissenting.

The majority opinion reflects considerable research, thought, and effort on a significant and sensitive case, and I actually agree with several of the majority’s conclusions. However, I cannot join the majority’s holding that the California Constitution gives *861same-sex couples a right to marry. In reaching this decision, I believe, the majority violates the separation of powers, and thereby commits profound error.

Only one other American state recognizes the right the majority announces today. So far, Congress, and virtually every court to consider the…

2Cases cited39 opinions

City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
Washington v. GlucksbergSupreme Court of the United States · 1997
Romer v. EvansSupreme Court of the United States · 1996
Lawrence v. TexasSupreme Court of the United States · 2003

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