"When we pass 180 days, what are you going to do to the Legislature?" said Travis. "With all due respect to the Supreme Court ... you've given us a decision and given it to us to enforce. Therefore, if we don't enforce it, there is no remedy under the law of Massachusetts."
This Massachusetts court decision isn't just about same-sex marriage. It has posed the question whether Americans are willing to submit to what Thomas Jefferson predicted would be "the despotism of an oligarchy" if judges are allowed to be "the ultimate arbiters of all constitutional questions."
All over the nation, special-interest advocacy groups are "forum shopping" to find friendly judges willing to bypass the Constitution and write their own social and sexual preferences into the law. Plaintiffs are seeking out judges who are willing to cooperate in deconstructing our culture by abolishing the Pledge of Allegiance and the Ten Commandments to make the nation comfortable for atheists, and to abolish marriage requirements to make the nation comfortable for unrestricted sex.
Gay rights activists have a nationwide strategy to make same-sex marriage a constitutional right. The legal advocacy firm called Freedom to Marry is joined in this effort by the Gay & Lesbian Advocates & Defenders, the American Civil Liberties Union, Lambda Legal, NOW Legal Defense and Education Fund, and Human Rights Watch.
They plan to accomplish in the courts what they cannot win in elected legislatures. The gay lawyers will litigate to get other state courts to use Massachusetts as a model, and the gays who marry in Massachusetts will seek legal recognition in other states, challenging their marriage laws and state Defense of Marriage Acts.
The same-sex-marriage activists know that the legal profession is predisposed to redefine marriage. The dissenting justices in Lawrence v. Texas warned that the Supreme Court is imbued with the "law profession's anti-anti-homosexual culture."
The dissenting judges in the Massachusetts same-sex marriage case laid it on the line: "What is at stake in this case is not the unequal treatment of individuals or whether individual rights have been impermissibly burdened, but the power of the Legislature to effectuate social change without interference from the courts. ... The power to regulate marriage lies with the Legislature, not with the judiciary."
Massachusetts citizens should slap down their high court as the citizens of Hawaii and Alaska did when confronted with the same judicial impudence, and a nationwide backlash against judicial activism should start to roll.
Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
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