The Federalist No. 78…

Posted on Wednesday 25 October 2006

It appears that the New Jersey Supreme Court ruled today that depriving same sex couples the privleges of "marriage" is unconstitutional, and orders the State to provide something equivalent to Gay couples. This is a landmark decision, surely to raise lots of contraversy. I’ve quoted the piece below from the decision, as it has a broad meaning for the assault on the Court system mounted by both the Religious Right and the Republican Party. "Runaway Judges" has been one of their never-changing "Talking Points":

Alexander Hamilton, in his essay, Judges as Guardians of the Constitution, The Federalist No. 78, spoke of the role of the courts and of judicial independence. He argued that “the courts of justice are . . . the bulwarks of a limited Constitution against legislative encroachments” because he believed that the judicial branch was the only branch capable of opposing “oppressions [by the elected branches] of the minor party in the community.”

This is one of the main points of assault on the Constitution, the Bill of Rights, and our way of life mounted by this Administration. Independent of one’s opinion of Gay Marriage, this is the way this issue should be decided – in the Courts. The attempt to label Congressmen by their opinion on Gay Civil Union is an attempt to inflame Fundamentalists – nothing more.

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