Thursday, October 26, 2006

so this is what liberals mean by a "living constitution!"

http://hosted.ap.org/dynamic/stories/G/GAY_MARRIAGE?SITE=ININS&SECTION=US&TEMPLATE=DEFAULT&CTIME=2006-10-26-04-17-02

New Jersey's State Supreme Court has ordered their State Legislature to craft legislation extending the rights of marriage to gay couples, and the court has imposed a 180 day deadline to pass the law. The vote was 4-3, but don't let that fool you. The only reason the 3 dissenters voted against the decision is because they didn't think the decision goes far enough. Honest! read the article for yourself.
There are many things about the article and the court decision that just blow my mind. Let me give you an example.

"Although we cannot find that a fundamental right to same-sex marriage exists in this state, the unequal dispensation of rights and benefits to committed same-sex partners can no longer be tolerated under our state Constitution," Justice Barry T. Albin wrote for New Jersey's four-member majority. Translated, that means, "Constitution? We don't need no stinking Constitution! The law means what we say it means!"

Along that same line, does it strike anyone else as bassackwards that the judicial body of New Jersey is ordering the legislative body of New Jersey to pass a certain law? Friends, friends friends! We must stop the madness! It is not the job of the judicial branch to pass laws. That is the defined job of the legislative branch. I was heartened to read the quote in the article from Assemblyman Richard Merkt, R-Morris, who vowed to have the justices impeached. Mr. Merkt said, "Neither the framers of New Jersey's 1947 Constitution, nor the voters who ratified it, ever remotely contemplated the possibility of same-sex marriage." He's right. Now I don't believe that he any chance in the short term to accomplish impeachment. After all, Republicans are the minority party in both houses of the New Jersey legislature. I'll tell you what will happen, though. New Jersey Republicans will use this as a campaign issue in future elections. Republicans know that there is not one single state in the contiguous 48 (I'm not so sure about Alaska and Hawaii) where a majority of the people are in favor of gay marriage. If New Jersey Republicans are not timid about campaigning on this issue, they could take the majority in both houses during their next election cycle. Then they could successfully impeach and remove any secular progressive judge that ignored the law and their constitutional obligation to faithfully uphold the law.

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