Judicial Oligarchy, or Balanced Republican Government?
Friday, October 27th, 2006Sometimes a court’s attitude demonstrates judicial activism as much as its actions. A judicial opinion can tell us much about a court’s view of its role in the balance of separated powers, the hallmark of American republican government. The New Jersey Supreme Court’s decision in Lewis v. Harris speaks volumes: “Although courts can ensure equal treatment, they cannot guarantee social acceptance, which must come through the evolving ethos of a maturing society.� (Emphasis added.) Translation: “Everyone is like me, or will be when they grow up.�
This arrogant certitude is all the justification the court needed to mandate an “enlightened� public policy it found too slow in coming from the legislature: that the state must actively promote same-sex relationships just as it promotes marriage, through the granting of identical rights and benefits. In the court’s words, “under the equal protection guarantee of Article I, Paragraph 1 of the New Jersey Constitution, committed same-sex couples must be afforded on equal terms the same rights and benefits enjoyed by married opposite-sex couples.� That is, the non-existent “equal protection guarantee� that the Court long ago read into Article I, Paragraph 1.

