NJ Justices Are Out of Step and Out of Control

The only thing more outrageous than the majority ruling are the three concurring/dissenting justices who wanted to by-pass the majority’s pretense of involving the Legislature (“Marriage or Faux Marriage and you get to name it”) and declare a fundamental right to same-sex marriage. It could hardly get worse if you gave out gavels in a mental institution.

The majority had enough sense to know that nobody with a functioning brain would fall for the notion that same-sex marriage is a fundamental right deeply rooted in the history, traditions and conscience of the people of New Jersey or anywhere else on the planet. Nonetheless, after admitting that there is no Equal Protection Clause in the NJ Constitution, all seven agreed that since they had previously declared it to be there, it is expansive enough to include same-sex marriage. But, of course, they didn’t bother to explain how the state’s marriage laws, which apply equally to men and women and heterosexuals and homosexuals denies anybody equal protection.

The greater travesty here is the outright assault on democracy and the abuse of the separation of powers. The New Jersey Legislature should tell the court that they are not subservient to the court and will not obey their unconstitutional power grab. If they don’t, the people of New Jersey should save a gazillion dollars and just eliminate the legislative and executive branches and yield their right to rule themselves to seven unelected lawyers.