Gay Marriage Rollback - The American Spectator | USA News and Politics
Gay Marriage Rollback
by

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.

Sign up to receive our latest updates! Register


By submitting this form, you are consenting to receive marketing emails from: . You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact

Be a Free Market Loving Patriot. Subscribe Today!