On Thursday, two state supreme courts in New York and Georgia got it right, finally, on the subject of gay "marriage." deciding that in New York's case the legislature must change the law and in Georgia that the people had the right to define marriage in their state constitution.
It is clearly a major victory for forces that I support that say that if this is an issue that has widespread popular support, the gay and lesbian lobby must take the right route and go through state legislatures or the ballot innititive process.
As the New York Post (www.nypost.com) editorialized in Friday's edition that the decision from the state court of appeal said that any change to the Domestic Relations Law must come from the state legislature. I could not agree more.
As columnist John Poderetz ( www.nypost.com) also in the same edition pointed out, the major changes of the civil rights movement came after the one court decision, 1954's Brown vs. Board of Education, that rightfully said separate but equal education was unconstitutional. The 1964 Civil Rights Act, The 1965 Voting Rights Act and the 1968 Fair Housing Act passed both houses of congress and were signed into law by then President Lyndon Johnson.
In the Georgia case, it was concerning a constitutional amendment to the constitution passed by 76 percent of voters in 2004 that defined marriage between one man and one woman. Opponents tried to say that more than one question was asked on this issue and according to Georgia law, a ballot innititive can only ask one question. While a lower court judge did say that was the case, the state supreme court unanimously said  that was not the case and upheld the law as written and passed by the voters.
The reality is that whether one supports or opposes or has no strong feelings on the subject, the two courts said that the people, not judges, must make changes to the law. The court's only role is to decide the constitutionality of said law.
In California, an attempt to pass legislation legalizing same sex marriage failed because it was an election year ploy to embarrass Gov. Arnold Schwarzenegger. He vetoed it, rightfully, because in this case the issue is being decided in the court system.
Gay right advocates may have to accept that the most Americans are willing to go, outside of Massachusetts, is patchwork civil unions and liberal domestic partnership laws.
America is not ready to redefine marriage just to make one group feel "accepted" because, despite of the promise that it will not, other groups will seek their own definition of marriage and that will lead to chaos.
The courts in New York and Georgia have taken a step back and said to the state legislatures to stand up and make the change if they want to.