Friday, May 13, 2005

Conservatives: See Where Judicial Activism Leads?

(From Crosswalk.com, by way of CNSNews.com.)

You wouldn't think that the constitution of any State would fall within federal jurisdiction. Well, now it has. This isn't a full-faith-and-credit case, either, because two roommates getting a "marriage" certificate and moving to Nebraska wasn't at issue. At issue was two roommates wanting to get "married" in Nebraska. Now a federal judge has said that Nebraska can't stop them, not even by amending its own constitution--because to do so denies to persons within its jurisdiction the equal protection of the laws.

What this situation needs, at minimum, is a set of laws stripping the courts of any such jurisdiction. And it might indeed require a federal Constitutional amendment saying that nothing in the Constitution shall so construe as to lay on any State any "equal protection" or "full faith and credit" or other obligation to recognize same-sex roommates as "married couples", whether they try to do it in their States originally or move into their States carrying "marriage" certificates issues in other States.

I would prefer haling that federal judge before the Senate on impeachment for pouring contempt on the Constitution and violating the Article IV guarantee to every State of a republican form of government. Abrogating a State's own constitution on such specious grounds is not consistent with republicanism, Your Honor! Unfortunately, that takes two-thirds of the Senate. A simple court-stripping statute is probably all we can get out of this Congress--perhaps with a ruling from the chair that this will not be subject to endless debate.

Moving on President Bush's appellate court nominees is certainly necessary, but even that would not be sufficient in this matter.