Same-Sex Marriage in New York
As you have probably heard, New York is set to legalize same-sex marriages. I was going to deliver my own non-legal analysis of the decision, but why bother, when others have already done such a great job? Michael Demmons, Dean’s World contributer, has summarized the decision for your perusal.
What I will give you is the short version.
This was a sound legal decision. This was not “judicial activism” as the president and so many on the right have claimed. This is not some runaway judge saying “screw the law, I want this to happen.” This is our legal system at its best… protecting the rights protected in the (state) constitution, even when the populace would rather deny those rights. This is not judges “making laws,” it is judges enforcing what has already been written by lawmakers.
So bitch about the equality guaranteed in the constitution all you want, but don’t call it “judicial activism,” because it isn’t.
