There has been considerable discussion (see the comments over at Lessig’s blog) about whether or not San Francisco’s mayor was right to go against the law in allowing Same Sex Marriages. I think Ampersand has the definitive take on the issue:
The Mayor has argued that two California laws — the constitutional call for equal protection, and the statute defining marriage — are contradictory. Since he perceives a contradiction, the Mayor must “pick and choose which law to enforce”; it’s not possible to enforce both laws at once. Under such circumstances, it’s perfectly reasonable for the Mayor to decide that his duty is to obey the Constitution, first and foremost. (See Eugene Volokh for a more developed version of this argument).
He also eloquently defends the Massachusetts Supreme Court “anti-majoritarian” decision.
