November 18, 2003

"WHAT CAN HAPPEN," ASKED THE SJC AS IT PUT THE STRAW ON THE ELEPHANT'S BACK

President Defends Sanctity of Marriage (11/18/03).

STATEMENT BY THE PRESIDENT

Marriage is a sacred institution between a man and a woman. Today's decision of the Massachusetts Supreme Judicial Court violates this important principle. I will work with congressional leaders and others to do what is legally necessary to defend the sanctity of marriage.

As the SJC gives the President an early Christmas present.

MORE: Dems Don't Embrace Gay Marriage Decision (Nedra Pickler, AP, 11/18/03)

The major Democratic presidential candidates continued to back legal rights for gays but declined to go as far as the Massachusetts Supreme Court and endorse gay marriage.

Only underdog candidates Dennis Kucinich, Al Sharpton and Carol Moseley Braun support laws that would allow same-sex couples to wed.

The leading candidates for the nomination oppose gay marriage, but most say gay couples should get all the legal rights of married couples. It may seem like a dubious distinction, but it's the same position taken by the majority of Americans in public opinion polls.

The candidates attempted to stick to the fine line separating gay marriage from equal rights for gay couples, despite the Massachusetts court ruling Tuesday.

Posted by David Cohen at November 18, 2003 7:56 PM
Comments

This sounds like a loser for the left, from a couple of standpoints.
1st, since when does a court have the power to directe the legislature to write a law? Did the branches become un-co-equal when I wasn't looking?

2nd, this will open a can of worms that the left & gays aren't expecting. If gay marriage is required on the grounds of equal protection, then why wouldn't polygamy be required to be legal? Ditto marriage between parent & sibling, brothers & sisters, etc.

On what rational basis could these remain illegal while gay marriage becomes legal?

Posted by: ray at November 18, 2003 8:55 PM

Can't see Bill Clinton getting away with a criticsm of the SC decision driven by a need to "defend the sanctity of marriage"...

Posted by: MG at November 18, 2003 9:14 PM

Ray -- The press is bobbling the Court's order, which was "Entry of judgment shall be stayed for 180 days to permit the Legislature to take such action as it may deem appropriate in light of this opinion."

Posted by: David Cohen at November 18, 2003 9:22 PM

A few years ago the Ohio Supreme Court ordered the Ohio legislature to revise the method of school funding. The legislature tinkered with it a bit. The Supreme Court told them to try again, and the legislature, unwilling to raise taxes without a popular vote, decided to stone wall the court. Eventually the court gave up.

I wonder if the Massachusttes General Assembly has the huevos to take that tactic?

Posted by: Robert Schwartz at November 18, 2003 9:38 PM

HUZZAH !! HUZZAH !!

The good guys win another.


ray:

Why should polygamy be illegal ?

Posted by: Michael Herdegen at November 18, 2003 11:35 PM

Here's where the Democrats' special interest constituency politics is really going to get interesting.

There's no question the majority supporters of gay rights in general and of gay marriages in particular are Democrats and many are major financial contributors to the party. How much the issue means to them versus how much they want Bush out of office will determine how much of a factor the issue becomes in 2004. If their dislike of Bush overrides everything, they'll stay relatively silent on the issue for the next 50 weeks. If not, then the eventual Democratic nominee is going to have a choice to make or will have to do some fancy issue straddling between now and Nov. 2, 2004.

Posted by: John at November 18, 2003 11:55 PM

I wouldn't be surprised if gay marriage became fully legal in the next fifteen years or so.

Posted by: M Ali Choudhury at November 19, 2003 2:08 AM

John:

I'm sure the Dem candidates would prefer to evade the issue for another 50 weeks. The question is, can they? E.g., howzabout Sen. Kerry (D. Mass)? 'Debate Moderator: Senator Kerry, do you support an amendment to the Massachusetts Constitution defining marriage as only between a man and woman?' Can hardly duck that question as an issue of states' rights, given that Sen. Kerry is a voting citizen of Massachusetts. Once he opines, can the rest of the field resist piling on? Oh, and the Massachusetts Supreme Court's six month stay (which is actually a do-as-we-say-or-else) expires, by my math, in mid-May, 2003, on the eve of the Democratic nominating convention. Think the Democratic nominee can duck the finality of that order by convention time? [Given that Massachusetts law requires a constitutional amendment to be adopted by two consecutive legislatures, and only then to be submitted to the voters -- as I understand it a two year plus process -- are there those who suspect that the Mass. Supreme Court's six month stay/deadline may be synchronized with the Democratic nominating convention? just askin']

I'm reminded of 1988, when Candidate Dukakis tried to get all nuanced about flag burning and wife rape. President Bush's press release is perfect in tone and substance. 'I don't want to have to amend the Constitution, I'd rather work with responsible people to avoid it. But if activist judges are gonna legislate the definition of marriage contrary to the wishes of 80 percent of Americans, and if a minority of Senators are gonna hold up my conservative judicial appointments, well then, I guess we're just gonna have to tack a common-sense amendment onto the Constitution. Thank you, I'll be appearing here for two shows nightly for the next four years.'

Fred Jacobsen
San Francisco

Posted by: F.A. Jacobsen at November 19, 2003 4:19 AM

At least one thing is certain: Nobody is more upset about the SJC's decision than Mike Dukakis's Lt. Gov. What's a poor Sugar Momma-wedded, Skull and Bones-ing, not exactly 100% Boston Brahmin to do? Fire another campaign manager? This could be as indecipherable as his stance on the war.

Posted by: Your Brother at November 19, 2003 10:07 AM
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