catholicsphere

No, I’m not talking about a new Bon Jovi CD … I’m talking about the 4-3 decision by the New Jersey Supreme Court that orders the Legislature to enact same-sex marriage rights. Yes, that’s what’s happened. The Judicial body has ordered the Legislative body to create a law allowing for marriage of same-sex couples. The only thing that voters and legislators will be able to decide is what to call it.

See … this presents a problem. Not simply because it recognizes a union where the state has no interest (see this First Things commentary for more on that issue and why this decision has huge implications across the country). Of gave concern is that it violates the separation of powers that the state constituions have in place — basing themselves on the US Constitution. The purpose of the judical branch is to interpret the law. The purpose of the legislative branch is to make laws.

In demanding that the legislature enact a law, the judiciary has overstepped its bounds! It would be nice to see the Legislature in New Jersey challenge that gross misuse of power, however it looks as though that won’t be the case — which is truly sad because of its implications for our governance.

[tags]New Jersey, court, legislature, judicial, gay marriage, same-sex, civil unions, separation of power, constitution[/tags]