Friday, December 09, 2005

They Wed Me... They Wed Me Not

Gay rights hit another snag with their friends in the judiciary yesterday. The Appellate Divison of the Manhattan Supreme Court reversed a February ruling that allowed gays to marry, 4-1.

We find it even more troubling that the court, upon determining the statute to be unconstitutional, proceeded to rewrite it and purportedly create a new constitutional right.

That rumbling you hear off in the distance is "anti-gay bigot" screamers gathering their pitchforks and torches.
The power to regulate marriage lies with the Legislature, not the judiciary.

Huh. And here I thought the judiciary could not only interpret, but make laws as well. Time to brush up on my 9th grade civics. Someone might want to clue San Francisco in on this little tidbit.

While I can't say I'm thrilled that this ruling has been overturned, I'm not shocked. This just illustrates the thin ice that court rulings provide for gay rights. It can be there one minute and gone the next. Anyone who feels that the courts are still our best bet for equality are filling themselves with false hope.

What really is the better option for the long haul? Having the courts "legalize" gay marriage for a few months, only to have it taken away again, or having to actually persuade people to change their minds and their outlook and have it passed legislatively, and hopefully, permanently.

Bloomberg threw in his two cents, saying that if the high court upholds the decision, that:
I will ask the Legislature to change the state's Domestic Relations Law to permit gay marriage.

Imagine that.

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