Judge: California can't ban same-sex marriage

[RUgreek]

Originally posted by IowaStatePhiPsi
1st step of series to Supreme Court. From here to an appeals court then on to Supreme Court. All cases start at lowest level of system they're filed in (state/fed).

As for judges determining the constitutionality of laws (not "rewriting"): it's been going on for 200 years. Plessy v. Ferguson, Brown v. Board.. etc.

You're half correct, judges do determine the constitutionality of the law, but not trial judges. They enforce the law as it stands. It's up to the appellate courts to review lower court decisions and law and determine if they are constitutional or not. This was a trial court judge making a bold statement (well it's california, so it's normal) but this is just not the way it's been done for over 200 years.

As for the first step to the supreme court, it must be a federal matter to reach the U.S. Supreme Court. If a case is only on state law and state matters, it never gets to the U.S. Supreme Court.