Thursday, July 06, 2006

Judicial modesty in New York

New York's Court of Appeals has just held that the state's limitation of marriage to relationships between men and women is not unconstitutional. If the definition of marriage is to change, that change must be undertaken by the legislature.

This is so self evidently correct that I remain amazed at the rapidity with which it has become controversial. If courts in other places exhibited the same restraint and appreciation for the role of the judiciary, we wouldn't have to skirmish over these marriage amendments.


Dad29 said...

Taking odds on the NYSupremes reversing?

Rick Esenberg said...

That's the beauty part. The NY Court of Appeals is the highest court in that state. (The NY Supreme Court is actually the trial level court - equivalent to our circuit court; don't ask me why.)

The U.S. Supreme Court could take it up, but I don't think Kennedy is ready for this so there is no way to get to five votes for gay marriage up there.