Wednesday, October 25, 2006

Darn Activist Judges!

N.J. Court Backs Rights for Gay Unions

But the court, in its 4-3 ruling, [said] that whether that status would be called marriage, or something else, “is a matter left to the democratic process.”

The court gave the legislature a six-month deadline to enact the necessary legislation to provide for same-sex unions.

“Despite the rich diversity of this state, the tolerance and goodness of its people, and the many recent advances made by gays and lesbians toward achieving social acceptance and equality under the law, the Court cannot find that the right to same-sex marriage is a fundamental right under our constitution,” the court wrote.

In the last few years, public opinion has become more accepting of gay marriage, at least in New Jersey. A Rutgers-Eagleton poll of New Jersey residents taken in June found that 50 percent said they supported allowing same-sex couples to marry legally, while 44 percent were opposed. (The margin of error was plus or minus 4 percentage points.) When the poll asked the same question in 2003, 43 percent of respondents supported legal recognition for gay marriage and 50 percent were opposed.”

Not all good, not all bad. All the state rights will be there, but there could still be problems; we’ll see what the legislature does.

In truth, I don’t much like judicial solutions. I’d much rather have legislative actions, such as the law passed by Ca (then vetoed by the Last Action Hero). I do think equal rights for citizens regardless of their sex is judicially and morally right, and I do think there are many reasons for marriage for gay couples to be implemented, but I’d much rather have my fellow citizens do it by vote or through their representative.

Still, congratulations, NJ gays.

Now, brace for the backlash, again.
Is this an October “surprise” or is the topic old hat now? Maybe we should congratulate the RNC too? :-)


-L- said...

Oh yes, don't underestimate how this will influence elections! Quite a twist.

I don't know much about the ruling, but it sure looks reasonable on the surface...

Chris said...

I'm not convinced that this will make a huge difference in the elections.

Loyalist (with defects) said...

There will be some backlash as the evengelical rally the grass roots phobics into voting on the rhetoric of "values" rather than substance.

However, I am not sure that it will affect the elections that much. My prediction is that this will be a HIGHLY contested midterm election. In the end the House may become Dem but with on a minor majority - the Senate on the other hand will still be fairly devided with the Reps keeping slim control.

Scot said...

I hope you’re right, Chris and Loyalist, but it seems the RNC will give it a shot:

G.O.P. Tries to Use Marriage Ruling to Rally Base

” In the end the House may become Dem but with on a minor majority - the Senate on the other hand will still be fairly devided with the Reps keeping slim control.”

We should take bets ;-), but I tend to agree.