30 October 2006

Gay Marriage

http://rivrdog.typepad.com/rivrdog/2006/10/nj_gay_marriage.html
The above link is quoted in full below.

NJ Gay Marriage ruling Unconstitutional

If the State Attorney General for New Jersey isn't in court(s) today to file a complaint against the NJ Supremes, he's missing a bet. He's also failed the citizens who elected him.
These NJ Supremes evidently don't take their Separation of Powers very seriously. There may even be a Federal civil rights violation here that could lead to the impeachment of the justices on that bench, for violating their Oaths of Office if nothing else.
It's not important WHAT the justices ruled, but it's VERY important that they ORDERED THE NJ LEGISLATURE TO PASS LEGISLATION WITHIN 180 DAYS.
In our system of government, that is impossible, or is supposed to be impossible. The Founders set up three branches of Government, and carefully delineated their powers so that one branch could not become pre-eminent or omni-potent. This action of the NJ Supreme Court fails that principle, and we're not talking some fine legal nuance here, they just cut the heart out of Separation of Powers, the most important legal concept in our Constitution.
A court may void laws that a Legislature writes. That happens all the time and is one of the chief duties of a court. The court may even SUGGEST to a Legislature that a topic is ripe for legislative consideration. A court may even make orders that have the effect of legislation, in the absence of it, but a court may never order a Legislature to pass legislation.
Also implicit in this ruling is a veiled threat to the Governor. His Attorney General will undoubtedly tell him that he shouldn't veto any legislation that comes out of this ruling, since it is clear that the Justices meant for it to be passed.
So, in one ruling, the NJ Supremes illegally usurp the function of the NJ Legislature, and improperly intimidate the Governor.
If there's a NJ State version of Treason (there is in Oregon), there is Probable Cause to believe that these Justices have committed that felony.
It matters not if the subject of this illegal ruling was Gay Marriage or Selling Moldy Bread, the US and New Jersey Constitutions have just been badly abrogated, and someone needs to answer for that.
The MSM, of course, have totally missed the point, jumping into this issue as if it was a collegiate debate, and totally ignoring the broken Constitutions. They are a perfect example of our broken educational system, and that's yet another tragedy.

I am NOT opposed to gay marriage.

I AM opposed to the State telling me what a marriage is.

That is neither here nor there.

What I am getting deadly sick of is liberals trying to circumvent the constitution.

First time I noticed it was with gun control. They tried to get around the second amendment by passing a law. Doesn't work and it's not like there is no way to change the constitution to make what they want possible. Just pass an amendment nullifying the 2nd and all constitutional challenge is gone.

Now we are full on into legislating from the bench.

It's getting to the point where shooting them all would be a decent start.

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