Tuesday, June 14, 2005


Victory for the Rule of Law in New Jersey

A New Jersey appeals court ruled today that the New Jersey Constitution does not contain any provisions that would allow for gay marriage in the state (also on Bloomberg.com here). In a 2-1 decision, the majority stated:

"Plaintiffs' claim of a constitutional right to state recognition of marriage between members of the same sex has no foundation in the text of the constitution, this nation's history and traditions or contemporary standards of liberty and justice... (A)bsent legislative action, there is no basis for construing the New Jersey Constitution to compel the State to authorize marriages between members of the same sex."

What a novel concept - allowing the elected lawmakers to make the laws! Other power-hungry members of the judiciary must be stewing over that remark.

You can read the opinion (which is quite lengthy) here. This won't be the last we will hear of this case, as it will certainly be granted cert by the New Jersey Supreme Court.

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