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It's Time to Rebuke the Judicial Oligarchy
HUMAN EVENTS ^ | Nov 26, 2003 | Phyllis Schlafly

Posted on 11/26/2003 7:19:37 PM PST by Tailgunner Joe

Will Massachusetts, the cradle of American liberty, let four lawyers don the robes of oligarchy, override the wishes of the majority of the people, usurp the powers of their elected representatives, and sabotage the institution of marriage? Where is the fight that manifested itself in Massachusetts men at the battles of Bunker Hill, Lexington and Concord?

The Massachusetts Supreme Judicial Court ruled 4-to-3 to legalize same-sex marriages. With elitist arrogance, the four-person majority bragged: "Certainly our decision today marks a significant change in the definition of marriage as it has been inherited from the common law, and understood by many societies for centuries."

Indeed, it does. Traditional marriage of husband and wife is fortified by a network of legal rights and duties spelled out in over a thousand federal and 400 state laws. The four judges gave the governor and the legislature 180 days to overturn nearly 400 years of Massachusetts history.

Those judges had no authority to change the definition of marriage. They contemplated their navels and convinced themselves that they alone could change social policy and make new law, and even contemptuously opined that belief in traditional marriage is without a "rational basis."

The people of Massachusetts should tell the judges to stuff their arrogance. "We the people" should rise up and say we are not going to kowtow to judicial tyranny.

Regrettably, the response by Massachusetts public officials has been pusillanimous. They are groveling before the four judges, wiggling around in the hope the court might be appeased by a parallel system of civil unions.

Governor Mitt Romney is trying to walk a tight rope of compromise. While supporting a constitutional amendment to protect traditional marriage, he said: "We obviously have to follow the law as provided by the Supreme Judicial Court, even if we don't agree with it," and we need to decide "what kind of statute we can fashion which is consistent with the law."

But what "law"? There is no law that requires or even allows same-sex marriages. The judges enunciated only special-interest advocacy masquerading as legal reasoning.

Attorney General Thomas F. Reilly said the judges overstepped in trying to shape social policy, but he wants to test an alternative solution and then seek "an advisory opinion of the court." Au contraire; we don't want any more advice from those judges.

State Representative Philip Travis, the lead sponsor of an amendment to preserve the definition of marriage, has the right response. He said that if the legislature doesn't act within the 180 days, the court can't force clerks to issue marriage licenses to gay couples.

"When we pass 180 days, what are you going to do to the Legislature?" said Travis. "With all due respect to the Supreme Court . . . you've given us a decision and given it to us to enforce. Therefore, if we don't enforce it, there is no remedy under the law of Massachusetts."

This Massachusetts court decision isn't just about same-sex marriage. It has posed the question whether Americans are willing to submit to what Thomas Jefferson predicted would be "the despotism of an oligarchy" if judges are allowed to be "the ultimate arbiters of all constitutional questions."

All over the nation, special-interest advocacy groups are "forum shopping" to find friendly judges willing to bypass the Constitution and write their own social and sexual preferences into the law. Plaintiffs are seeking out judges who are willing to cooperate in deconstructing our culture by abolishing the Pledge of Allegiance and the Ten Commandments to make the nation comfortable for atheists, and to abolish marriage requirements to make the nation comfortable for unrestricted sex.

Gay rights activists have a nationwide strategy to make same-sex marriage a constitutional right. The legal advocacy firm called Freedom to Marry is joined in this effort by the Gay & Lesbian Advocates & Defenders, the American Civil Liberties Union, Lambda Legal, NOW Legal Defense and Education Fund, and Human Rights Watch.

They plan to accomplish in the courts what they cannot win in elected legislatures. The gay lawyers will litigate to get other state courts to use Massachusetts as a model, and the gays who marry in Massachusetts will seek legal recognition in other states, challenging their marriage laws and state Defense of Marriage Acts (DOMA).

The same-sex-marriage activists know that the legal profession is predisposed to redefine marriage. The dissenting justices in Lawrence v. Texas warned that the Supreme Court is imbued with the "law profession's anti-anti-homosexual culture."

The dissenting judges in the Massachusetts same-sex marriage case laid it on the line: "What is at stake in this case is not the unequal treatment of individuals or whether individual rights have been impermissibly burdened, but the power of the Legislature to effectuate social change without interference from the courts. ... The power to regulate marriage lies with the Legislature, not with the judiciary."

Massachusetts citizens should slap down their high court as the citizens of Hawaii and Alaska did when confronted with the same judicial impudence, and a nationwide backlash against judicial activism should start to roll.


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; Extended News; Government; News/Current Events; Philosophy; Politics/Elections; US: Massachusetts
KEYWORDS: blackrobedtyrants; catholiclist; goodridge; judicialtyranny; phyllisschlafly
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1 posted on 11/26/2003 7:19:37 PM PST by Tailgunner Joe
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To: Tailgunner Joe
Bump.
2 posted on 11/26/2003 7:25:07 PM PST by First_Salute (God save our democratic-republican government, from a government by judiciary.)
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To: Tailgunner Joe
http://www.jail4judges.org/national_001.htm
3 posted on 11/26/2003 7:35:16 PM PST by MrFreedom
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To: Tailgunner Joe
Looks like history is repeating itself.


4 posted on 11/26/2003 7:37:50 PM PST by ServesURight (FReecerely Yours,)
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To: Tailgunner Joe
The legislature should pass a law explicitly allowing a gay man to marry a gay woman. Problem solved.
5 posted on 11/26/2003 7:40:50 PM PST by supercat (Why is it that the more "gun safety" laws are passed, the less safe my guns seem?)
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To: Tailgunner Joe
Bimp
6 posted on 11/26/2003 7:52:15 PM PST by Jim Robinson (Conservative by nature... Republican by spirit... Patriot by heart... AND... ANTI-Liberal by GOD!)
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To: Tailgunner Joe
... It's Time to Rebuke the Judicial Oligarchy ...
Ok. I'll give it a shot.

I REBUKE THEE, THOU MOST FOUL JUDICIAL OLIGARCHY, THOU BLACK-ROBED BLACKGUARDS, THOU HIDEOUSLY BE-WHIGGED PERCHERS UPON BENCHES. HANG THY HEADS IN THE HEAT OF THY SHAME, THOU WHO NOW STANDS SORELY REBUKED.

Next I shall be forced to raise my eyebrow in stern reproof. Do not make me raise my eyebrow.
7 posted on 11/26/2003 8:01:00 PM PST by Asclepius (karma vigilante)
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To: inquest
ping
8 posted on 11/26/2003 8:06:51 PM PST by thoughtomator ("A republic, if you can keep it.")
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To: Asclepius
Dang, that was harsh! did you get that from Orrin Hatch by any chance? :-)

9 posted on 11/26/2003 8:07:01 PM PST by WOSG (The only thing that will defeat us is defeatism itself)
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To: Tailgunner Joe
Would this work?

Could a married couple in Massachusetts bring suit in federal court seeking equality of their married status with residents of other states? Their marital status certainly seems to have lost value.
10 posted on 11/26/2003 8:12:14 PM PST by MainFrame65
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To: Asclepius; Ff--150
ROTF - I suggest we all "rebuke" them. I know it works. But do we have to put them on double-secret probation first?
11 posted on 11/26/2003 8:15:54 PM PST by 4CJ ('Scots vie 4 tavern juices' - anagram by paulklenk, 22 Nov 2003)
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To: Tailgunner Joe
Bump for Mrs Schlafly!

Would like to see Romney taking a more active role in leading an effort to tell these judges to go to he**, for lack of a better description.
12 posted on 11/26/2003 8:16:42 PM PST by Rummyfan
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To: Tailgunner Joe; GatorGirl; maryz; *Catholic_list; afraidfortherepublic; Antoninus; Aquinasfan; ...
Ping.
13 posted on 11/26/2003 8:19:27 PM PST by narses ("The do-it-yourself Mass is ended. Go in peace" Francis Cardinal Arinze of Nigeria)
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To: Tailgunner Joe
Will Massachusetts, the cradle of American liberty, let four lawyers don the robes of oligarchy, override the wishes of the majority of the people, usurp the powers of their elected representatives, and sabotage the institution of marriage?

Yes.

A far more relevant question is what the rest of us will do about it.

14 posted on 11/26/2003 8:23:35 PM PST by Restorer
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To: Tailgunner Joe; Rummyfan; First_Salute; Asclepius; thoughtomator; WOSG; MainFrame65; ...
Massachusetts citizens should slap down their high court as the citizens of Hawaii and Alaska did when confronted with the same judicial impudence. -Phyllis Schlafly

Eh? I didn't know about that. Tell me more.

15 posted on 11/26/2003 8:25:14 PM PST by NutCrackerBoy
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To: Restorer
Will Massachusetts, the cradle of American liberty, let four lawyers don the robes of oligarchy, override the wishes of the majority of the people, usurp the powers of their elected representatives, and sabotage the institution of marriage?

Not without some fuss, believe you me. We are hammering our reps in the legislature. They feel the heat. Mine advised me to write of my displeasure to the SJC Clerk. I shall do that with relish.

16 posted on 11/26/2003 8:28:56 PM PST by NutCrackerBoy
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To: supercat
Vexation without participation is tyranny. Impeach a few judges for no reason other than that the legislature is entitled to do so and the courts will revert to normal.
17 posted on 11/26/2003 8:29:44 PM PST by mathurine
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To: Tailgunner Joe
This court gave the legislature 180 days to pass a law that ratifies their ruling. Now that is arrogant even by New England standards.

Maybe I am missing the point but if the legislature is unable to agree on such a law, or if Mitt Romney vetoes their legislative effort, what does the court do?
18 posted on 11/26/2003 8:31:04 PM PST by edger (he)
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To: edger
They will advise the cities and towns to issue marriage certificates to same-sex couples.
19 posted on 11/26/2003 8:32:42 PM PST by NutCrackerBoy
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To: NutCrackerBoy
I have read (no idea whether accurate) that 50% of MA voters approve of the court's decision. Since a large majority the other way is needed for any of the over-turning approaches, looks like it will stand.
20 posted on 11/26/2003 8:40:56 PM PST by Restorer
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