Baseball Crank
Covering the Front and Back Pages of the Newspaper
May 20, 2004
LAW: Prediction Holding Steady

With the news that the Attorneys General of Connecticut and Rhode Island are following Elliot Spitzer in deciding that they are obligated to recognize same-sex marriages from Massachusetts, my prediction from February looks better every day:

Gay marriage will become the law of the land without any state legislature ever having voted it into law, without a majority of either house of Congress ever having voted in favor of gay marriage, without any statewide popular referendum ever having voted in favor of gay marriage, and without any state or federal constitutional provision ever having explicitly authorized it.

As I've noted before, the way in which this is being done is what I find most problematic. It's one thing for democratically elected legislatures to enter into a radical social experiment like recognizing same-sex marriage; if there are unintended consequences or things just don't seem to be working out, you can change. But by judicially imposing a no-compromises, all-or-nothing, one-size-fits-all solution and having it enforced administratively, the proponents of same-sex marriage are giving the people no room for compromise, balance, or reflection. That's no way to run a democracy.

Posted by Baseball Crank at 7:34 AM | Law 2002-04 | Comments (3) | TrackBack (0)
Comments

Actually - its "Attorney Generals" not "Attorneys Generals". I learned that from watching President Barlett on The West Wing.

I think there is no problem with gay marriage although I'll be honest and admit that what bothers me about Gay Marriage in Massachusetts is the specter of seeing planes with banners flying over Fenway next Opening Day with messages like "Bob will you marry me? - Johnny"

Posted by: chris at May 20, 2004 2:59 PM

I think the banner will be flown the next time the Yankees visit and it will read:

"Derek, will you marry me? -Knobby"

Posted by: C Giddy at May 20, 2004 10:25 PM

I understand Hideki Matsui and Mike Mussina have become quite close...

Posted by: John Salmon at May 21, 2004 1:36 AM
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