The operative words here are "no longer be tolerated." What the court is saying is that, though there is no right to same-sex marriage in New Jersey, and the state has never voted the rights and benefits to homosexuals it has for married couples, we, the judges in our wisdom, declare this to be intolerable.
Therefore, you, the legislators of New Jersey, and you, Gov. Corzine, are ordered to change the laws of New Jersey to conform to our idea of equality. A tiny minority of judges in America now dictates to the Great Silent Majority.
This is exactly what happened in Massachusetts in 2003. And had Gov. Romney told the Massachusetts Supreme Court that its 4-3 decision had no constitutional basis, and that he and the legislature had no intention of obeying its order, Mitt Romney would be the front-runner for the Republican nomination in 2008.
When Shay's Rebellion of farmers broke out in Massachusetts in 1786, Thomas Jefferson wrote to James Madison, "I hold it that a little rebellion now and then is a good thing, and as necessary in the political world as storms in the physical." It is time for a little rebellion in New Jersey, and America. For what is taking place, what has taken place, is a bloodless coup by judges who have arrogated to themselves the powers of legislatures to make laws and remake society in their own image -- without recourse to referenda or free elections.
When judges in New Jersey can order legislators to write new laws that conform to their ideology, laws the people have not only not demanded, but viscerally and violently oppose, we have ceased to be a free country or a democratic republic.
"Who rules?" That is what is at issue in New Jersey.
For 50 years, this nation permitted the Warren Court, and its successors and imitators in the state courts, to create a body of judge-made law that has altered the character of our country, very much for the worse.
Again and again, the people have voted for candidates for president, Congress and governor who promised to ring down the curtain on this half-century of judicial tyranny. But still the judges persist in issuing orders that have no basis either in precedent or in the written constitutions they have sworn to defend.
Such judges need to be defied and they need to be impeached. Not obeyed.