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.
Notice to Readers: The American Spectator and Spectator World are marks used by independent publishing companies that are not affiliated in any way. If you are looking for The Spectator World please click on the following link: https://thespectator.com/world.