Same-sex marriage has come to New Jersey, thanks to a state judge, who ordered it. The interesting thing here is the legal maneuvering that made this happen.
1. The US Supreme Court ruled this summer that marriage discrimination against same-sex couples at the federal level is unconstitutional.
2. The New Jersey state judge ruled that because it’s unconstitutional to discriminate against gays regarding marriage at the federal level, it is therefore impermissible at the state level.
3. The New Jersey Supreme Court unanimously upheld the lower court’s ruling, declining to hear the state’s appeal.
We heard for a long time that regulating marriage is up to the states. But now we see how the federal ruling will be used to anti-democratically impose same-sex marriage on states. Surprise, surprise. This will be the template going forward in states where the cultural left has captured the legal culture.
This is three weeks old, but worth reading: Ryan T. Anderson on this summer’s events on the gay rights vs. religious liberty front. It was published on the same day the NJ state court judge issued her ruling.
UPDATE: Ryan T. Anderson link fixed. Also, many readers say I’ve mischaracterized the way things worked legally in NJ in this case. Please read their critiques in the comments thread.