Schwarzenegger goes to the courts...

Ironically, a conservative politician is asking the courts to decide gay marriage, rather than the legislature.

California Gov. Arnold Schwarzenegger (search) has promised to veto a bill by the Assembly that would permit gay marriage because he says it goes against the will of the state's people.

But some groups aren't happy to hear that while many Republicans have been arguing that justices around the country have been engaging in judicial activism as they interpret the Constitution in ways that allow gay marraige, the governor prefers that the courts handle the issue.

"It's not an issue for the courts — he's inviting judicial activism and that's what we're opposed to," said Rich Ackerman, spokesman for the Pro-Family Legal Center, which is fighting gay marriage efforts in California.

"I've never heard of any Republican who's actually looking to the courts to decide," said Peter LaBarbera, head of Protect Marriage Illinois, which is trying to get a constitutional amendment banning same-sex marriage in Illinois. He said he was disappointed with Schwarzenegger's comments. "That's sort of a naïve view, or just passing the buck," he added.

When the Supreme Judicial Court of Massachusetts ruled in 2003 that the state constitution permits same-sex marriage (search), opponents lamented that the court, not the Legislature, was able to decide the issue for Massachusetts residents. It was this ruling that led some conservatives to charge that courts have become too activist and socially liberal for the good of the country.

Some see Schwarzenegger's position as ironic.

"Now Governor Schwarzenegger is complaining and saying that the issue of same-sex marriage should be settled by the courts and not by legislation," said Roberta Sklar, spokeswoman for the National Gay and Lesbian Task Force. "The reality is, political games are being played with peoples' lives."