(Same-Sex Marriage map: Wikipedia)

The judicial activism continues when it comes to same-sex marriage. In the latest example a County judge in the Florida Keys over-ruled state law to allow homosexual marriages in his county.

Here’s the story from the World Mag:

…Circuit Judge Luis M. Garcia agreed with plaintiffs who argued Florida’s voter-approved constitutional amendment defining marriage as between one man and one woman treats gay couples as second-class citizens. Florida voters approved the ban on same-sex marriage in 2008. Attorney General Pam Bondi said the state of Florida, as opposed to individual counties, has sole authority to define marriage in the state.

The Florida ruling puts couples in the Keys in a similar position to those in parts of Colorado, where a county clerks have been issuing marriage licenses to gay couples despite an in-place state ban on same-sex marriage. Colorado differs slightly because a federal judge there has already ruled the state’s ban on gay marriage is unconstitutional and stayed the ruling pending appeal.

<Read the whole article>

Response: It is rather bold for a county judge to presume that he has the power to change state law. Yet the legal environment in the US seems to encourage judicial activism lately. Particularly when it comes to same-sex marriage. The whole legalization of same-sex marriage in America started with judicial activism in the first place and it continues to be the favorite method for changing state marriage laws even though at least 17 states have voted for or changed their marriage statutes through state legislatures.

Read the article for a synopsis of the whole history of judicial activism and the legalization of same-sex marriage state by state over the last 11 years.             *Top