Jul 06 2006
The Difference Between Left and Right: Activist Judges
FoxNews has a piece here on the New York Supreme Court’s decision to disallow homosexual marriage in that state. It’s a rare victory for the family. The interesting point came later in the article when Chief Judge Judith Kay gave vent to the dissenting opinion:
[Kaye] said the court failed to uphold its responsibility to correct inequalities when it decided to simply leave the issue to lawmakers. She noted that a number of bills
allowing same-sex marriage have been introduced in the Legislature over the past several years, but none has ever made it out of committee.”It is uniquely the function of the Judicial Branch to safeguard individual liberties guaranteed by the New York State Constitution, and to order redress for their violation,” she wrote. “The court’s duty to protect constitutional rights is an imperative of the separation of powers, not its enemy. I am confident that future generations will look back on today’s decision as an unfortunate misstep.”
No, they will probably see a case where judges opted to rule in light of the law, rather than an extra-Constitutional perceived duty to “correct inequalities.”
Score that two for the good guys: the right decision and the right process.



