The problem is we have courts that are usurping power. The Mass. Legislature DID pass a specific definition, and the Court just threw it out. There is a decent chance the same thing will happen to the just passed Partial-birth abortion ban. We must find issues that we increase our power so we can reign in the Judicial Branch. Until we reduce the number of activist judges, the power of the legislature is worthless. We have lost our system of checks and balances.
Consider this: Let's assume for the sake of discussion that the Mass. Legislature passed a law allowing marriage between any two or more consenting adults of legal age. And the Mass. Supremes did the same thing - threw it out as unconstitutional (tho how they'd arrive at such a decision is beyond me, unless they had a constitutional amendment banning gay marriage and polygamy).
Anyway, assume they threw it out. Would you view such an action as a usurpation of the Legislature's power? If no, why not? Be specific.
Snidely