The Imperial Judiciary

I've thinking more about the Massachusettes Supreme Court ruling that essentially legalized gay marriage. The more I think about the ruling and it's effects, the more I think that it will end of being one of the watershed decisions in our history. Not because of the issue at hand, but because it has put our nation in a fundamental crisis.

For a long time, many pundits have been quietly warning that we were leaning towards a tyranny of the judiciary. Our courts have always been powerful, but up until recently, they had acted with relative restraint. The stuck to their Constitutional mandate to simply interpret the review the laws to ensure that they were in accordance with the Constitution itself. But over the last 30 years in particular, since the Roe v. Wade decision, the court system has begun to expand its scope. No longer are they simply reviewing and applying the laws as written, they are now taking over functions of the executive and especially the legislative branches of government.

Courts will now routinely dictate funding requirements to the executive branch as a means of righting a perceived wrong. Activist judges will "find" new interpretations of law that essentially rewrite and pervert the will of the people as expressed through the legislative branch. Forget the Imperial Presidency - it doesn't exist. We, instead, are faced with the greatest concentration of power in America since we threw off the shackles of King George III. We are facing the Imperial Judiciary.

The gay marriage case simply goes to point out just how far along the path we have come. The judges have taken a article of law, written by the legislature, "found" an interpretation that has never been there before, and using that interpretation to dictate to the executive branch how they must conduct business. Four judges have overruled the stated desires of millions of Massachusettes residents. The few are dictating to the many.

So how do we end the tyranny? I don't have specific answers. I think though that it is critical that we use only Constitutionally acceptable checks and balances. Stop funding the judiciary. Find reason to impeach the worst examples. The only recourse that scares me is amending the Constitution. If we go that route, and it must not be discounted as a solution, we must ensure that any amendment serves only to limit the role of government, not to in any way, restrict the rights of the people. Our options are few, and our time is limited. If we don't act now, I fear that the situation will only get worse.

Now as for the ruling specifically, how do I see it truly affecting the issue of gay marriage? I think that it set the cause back by 20, maybe 30 years, at least.

The nation was in the beginning of a debate about the merits and drawbacks to gay marriage. Given time, I believe that a majority of Americans would have come to the conclusion that it was acceptable. Distasteful, perhaps, but as a people we tend to be pretty forgiving and accepting. It's time would have come.

But now, the debate has been squashed. Four judges have told us that we must accept gay marriage, because they think it's a good thing.

And people have reacted. For the folks in the middle, the ones who eventually would have swung the debate for gay marriage, they have now been polarized. Many are now absolutely - and irrevocably - opposed to the idea. Many, like myself, who support the idea are absolutely offended at the way the we were dictated to. I absolutely oppose the Mass Supreme Court ruling and hope that the people of the state find a way to get it overturned.

There are many debates that cannot be forced. Something as emotionally charged as gay marriage is one of them. This ruling will force gay marriages to be accepted in the legal arena - in some places, at least - but will end any hope of it being accepted in the social arena for many, many years.

This ruling is so out of the mainstream that even John Kerry, a man who professes to support equal rights for gays and lesbians, has come out and is taking the same position on this ruling as is George Bush - he opposes it.

The Imperial Justice System is coming. Do we really want to accept it?