Hadley Arkes on Marriage & Civil Unions on National Review Online

Hadley Arkes on Marriage & Civil Unions on National Review Online
"..... But the constitution of the state is clear that the laws on marriage belong mainly in the domain of the legislature, and the legislature has the decisive authority to determine the terms on which courts may issue injunctions. Exercising that power in the past, the legislature had diminished the authority of the judges to intervene in labor disputes, and leap in with injunctions to break strikes. By any reckoning, the laws of marriage would be at least as fundamental as the laws on labor and servants. The powers are there to be used. The main question then is whether the legislature of Massachusetts, happily composed as it is of members drawn from both sexes, can summon either the testosterone or the simple nerve to take their responsibility, and to vindicate "the right of a people to govern itself."

-- Hadley Arkes is the Ney Professor of Jurisprudence at Amherst College.



This is a fine STATE of affairs. As sure as the sun rises in the east, this will be an issue that will sink the democrats in the election. I would not be surprised if it does not also put the nail in the coffin with regard to their exposed Senate seats as well. There is no way a MASSACHUSETTS democrat is going to persuade a majority of voters to ignore what is going on in Mass. regarding this issue !! What stand does he take ?? Mr. Kerry is the consummate waffler.... He will be flipping waffles very soon on this one !