Federal Court Rejects 1st Amendment Challenge To CA Gay Marriage Holding

In Wooten v. California, 2008 U.S. Dist. LEXIS 79078 (ED CA, Oct. 3, 2008), a California federal district court rejected claims by a pro se plaintiff that the California Supreme Court violated the federal Constitution's Free Exercise and Establishment clauses when it legalized same-sex marriage in the state. (See prior posting.) The court concluded that the state court’s ruling did not interfere with plaintiff's right to preach whatever he wishes about same –sex marriage. Nor did the decision elevate one religious view over another.