"Because in Cyberspace, no one can hear you scream."
Saturday, April 16, 2005
[Media Source*] (Hat Tip: World Magazine Blog)
In a unanimous ruling that disappointed gay-rights advocates and buoyed opponents of same-sex marriage, the court said that marriage laws are a matter of state, not local, jurisdiction and that Multnomah County lacked authority to issue the licenses last spring. The court noted that Oregonians in November passed a constitutional amendment defining marriage as strictly a union between a man and a woman.
This all started when a renegade Multnomah County commissioners decided that they had the authority to issue such licenses (something only states have the power of doing). Although gay activists are upset by the ruling, they are seeking legislative action (something successfully being done in Connecticut).
Gay marriage should never be resolved by judicial decree but rather through the legislative will. By allowing the "masters in black robes" to create law only creates a backlash culturally and such measures will only lead to a federal amendment banning gay marriage. If the pro-gay marriage side desires to have themselves recognized as "one," then let them put pressure on their local legislature. Such actions will not only legitamize their efforts but if victorious cement it as it was the "will of the people."
America is a democracy and not an aristocracy, and having laws defined (i.e. created) by how the judge "interprets" the law undermines the legislative branch as well as lower the respect of the courts throughout the nation. If the gay rights movement continues to push through the courts to get their way, they should not be surprised if a backlash occurs and their view of marriage is outlawed. And if that happens, they will not find much sympathy with the general public, from the right or the left.
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