To: Kozak
Actually, they can rule any way they want, it's up to the legislature to make it law.......or not to. The Judges have no say in the legislative process. NJ Gov could go ahead and make it law, like Romney did, or tell them to pound sand. The legislature always has the option to put an referendum to a vote, just as several other states did. If the constitution in that state doesn't ban it, fix the constitution so it does.
All depends on the Gov and their Congress. Just as was the case in MA, the judges can only state their opinion. They cannot make law. The Gov's and the Congress are the ones who allow them to impose law. All they have to do is say no.
60 posted on
10/25/2006 12:33:15 PM PDT by
gidget7
(Political Correctness is Marxism with a nose job)
To: gidget7
...The Judges have no say in the legislative process....
...Just as was the case in MA, the judges can only state their opinion. They cannot make law....
You are entirely correct in this. I wish the Bush Admin had challenged the MA ruling, where the court had dictated legislation (violation of article IV section 4). This was a blatant violation of the doctrine of separation of powers. The same is true of this NJ decision.
Article. IV. Section. 4. The United States shall guarantee to every State in this Union a Republican Form of Government,...
92 posted on
10/25/2006 12:44:24 PM PDT by
rottndog
(WOOF!!!)
To: gidget7
NOT what happened in Mass.
"Nov. 18, 2003 - The SJC rules it is unconstitutional to bar gay couples from marriage, and gives the Legislature 180 days to come up with a solution to allow gays to wed. President Bush, in a visit to London, criticizes the decision and vows to work with Congress to "defend the sanctity of marriage."
Note Mass SC "gives legislature 180 days to come up with solution to allow gays to wed".
104 posted on
10/25/2006 12:50:29 PM PDT by
Kozak
(Anti Shahada: " There is no God named Allah, and Muhammed is his False Prophet")
To: gidget7
All depends on the Gov and their Congress. Just as was the case in MA, the judges can only state their opinion. They cannot make law. The Gov's and the Congress are the ones who allow them to impose law. All they have to do is say no. That's not the way it works. The NJ Supreme court can declare any law unconstitutional if it violates their ruling. Unless the state constitution is amended, the court rules. Many states have already amended their constitution to ban gay marriage. It is on the ballot here in Virginia. This should help Allen.
208 posted on
10/25/2006 2:22:24 PM PDT by
kabar
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson