To: Captain Rhino
"The constitutional relief that we give to plaintiffs cannot be effectuated immediately or by this Court alone. The implementation of this constitutional mandate will require the cooperation of the Legislature. To bring the State into compliance with Article I, Paragraph 1 so that plaintiffs can exercise their full constitutional rights, the Legislature must either amend the marriage statutes or enact an appropriate statutory structure within 180 days of the date of this decision."
That's exactly what I was saying. There is a process to get a referendum to the people quickly, or they can always use Evecutive order to fis the supposed problem in the constitution. There ARE ways. Judges cannot make law. Unless the Gov. and Legislature allows them to.
94 posted on
10/25/2006 12:44:36 PM PDT by
gidget7
(Political Correctness is Marxism with a nose job)
To: gidget7
Actually, in the section immediately preceding the actual decision, the NJ Supreme Court justices expressed real reluctance to change the statutory definition of marriage by judicial fiat. (Decision starts on page 66 of the document, IIRC). The good justices apparently don't want any part in the redefining of "marriage."
Equal rights and responsibilities is enough for them.
That said, the 180 day portion of the ruling should not be passed over lightly. If the legislature fails to act within the time limit, the plaintiffs can go back to court and complain about it. Then the court may take matters into it's own hands.
165 posted on
10/25/2006 1:31:14 PM PDT by
Captain Rhino
( Dollars spent in India help a friend; dollars spent in China arm an enemy.)
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