In New York yesterday a state appellate court overturned a ruling that would have allowed gay marriage in New York City.
Note to those confused about judicial activism: this isn’t conservative judicial activism. This is a higher court setting straight a lower court’s activism. The appellate court doesn’t mince words:
We find that the motion court erred in granting plaintiffs summary judgment and finding the provisions of the DRL unconstitutional to the extent that they do not permit same-sex marriage. However, we find it even more troubling that the court, upon determining the statute to be unconstitutional, proceeded to rewrite it and purportedly create a new constitutional right, an act that exceeded the court’s constitutional mandate and usurped that of the Legislature.
Read the whole thing. It’s a fine legal argument for the state’s legitimate interest in fostering marriage.
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