29 Oct 2006

Making It Up

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Paul Mulshine, in the Star-Ledger, notes, as we did ourselves, that if you try to find the reference to “equal protection” in the Article 1, Paragraph 1 of the New Jersey State Constitution (mentioned as the basis of its ruling requiring Gay Marriage by the New Jersey Supreme Court), you will seek in vain. And he adds:

You will note that the words “equal protection” do not appear in it. They couldn’t have. That article first appeared in the New Jersey Constitution of 1844. But it wasn’t until 1868 that the concept of equal protection came into being, and that was in the 14th amendment to the U.S. Constitution. The 14th amendment doesn’t apply here, but if it did, the state Supreme Court would almost certainly be re versed in the federal courts. That was the case with the court’s last ruling on the question of gay rights. The U.S. Supreme Court reversed a New Jersey ruling in which our high court ordered the Boy Scouts to accept a gay scoutmaster. That decision was also based on the nonexistent “equal protection” clause in Article 1, Paragraph 1 of the state constitution.

The seven justices of the New Jersey Supreme Court have a habit of putting words into the Constitution — and of taking them out.

If a court made up of liberals was working on the basis of a Constitution whose only text was the Second Amendment’s provision That the Right to Keep and Bear Arms Shall Not Be Infringed, I have no doubt they could find Equal Protection, a Right to Abortion, Gay Marriage, Affirmation Action, Forced Busing to Achieve Racial Integration, and Confiscation of Private Firearms all mandated by the same text.

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