The leftist New York Times celebrates the decision by a judge to overturn the will of the people.
Excerpt:
Continuing a rush of rulings that have struck down marriage limits across the country, a federal judge in Pennsylvania on Tuesday declared the state’s ban on same-sex marriage to be unconstitutional.
“We are a better people than what these laws represent, and it is time to discard them into the ash heap of history,” wrote Judge John E. Jones III of Federal District Court in a decision posted on Tuesday afternoon.
Pennsylvania is the last of the Northeast states with a ban on same-sex marriage, and if Tuesday’s ruling is not successfully challenged, it will become the 19th state to permit gay and lesbian couples to marry.
[…]In the last few months, judges have struck down marriage limits in several states: Arkansas, Idaho, Oklahoma, Texas, Virginia and, on Monday,Oregon. Courts elsewhere have said that states must recognize same-sex marriages performed outside their borders.
In most of the cases, courts have delayed the carrying out of the rulings until appeals can be argued in federal circuit courts and, perhaps, the Supreme Court. But in Oregon, state officials said they would not appeal, and the opening of marriage to same-sex couples appeared to be settled.
Yes, it seems like activist judges are overturning the will of the people in lots of states, and liberals are so happy with this new method of deciding what the laws will be.
You might remember Judge Jones as the judge who decided the Dover ID case by copying almost verbatim from a briefing prepared by the ACLU:
The key section of the widely-noted court decision on intelligent design issued a year ago on December 20 was copied nearly verbatim from a document written by ACLU lawyers, according to a study released today by scholars affiliated with the Discovery Institute.
“Judge John Jones copied verbatim or virtually verbatim 90.9% of his 6,004-word section on whether intelligent design is science from the ACLU’s proposed ‘Findings of Fact and Conclusions of Law’ submitted to him nearly a month before his ruling,” said Dr. John West, Vice President for Public Policy and Legal Affairs at Discovery Institute’s Center for Science and Culture.
“Ironically, Judge Jones has been hailed as ‘an outstanding thinker’ for his ‘masterful’ ruling, and even honored by Time magazine as one of the world’s ‘most influential people’ in the category of ‘scientists and thinkers,'” said West. “But Jones’ analysis of the scientific status of intelligent design contains virtually nothing written by Jones himself. This finding seriously undercuts the credibility of a central part of the ruling.”
The study notes that, while judges routinely make use of proposed findings of fact, “the extent to which Judge Jones simply copied the language submitted to him by the ACLU is stunning. For all practical purposes, Jones allowed ACLU attorneys to write nearly the entire section of his opinion analyzing whether intelligent design is science. As a result, this central part of Judge Jones’ ruling reflected essentially no original deliberative activity or independent examination of the record on Jones’ part.”
Jones’ copying was so uncritical that he even reprinted a number of factual errors originally made by ACLU attorneys.
For example, Jones claimed that biochemist Michael Behe, when asked about articles purporting to explain the evolution of the immune system, responded that the articles were “not ‘good enough.'” Behe actually said the exact opposite: “it’s not that they aren’t good enough. It’s simply that they are addressed to a different subject.” Jones’ misrepresentation of Behe came directly from the ACLU’s “Findings of Fact.”
Again copying from the ACLU, Jones insisted that “ID is not supported by any peer-reviewed… publications.” But, in fact, the court record contained evidence of several such publications.
I guess these scientific discussions are too complicated for a judge to decide, so he just copied his answer from a group of atheist lawyers. And that was good (for him), because he was able to receive an award from an atheistic group later on for his fine copying skills. Judging is hard work, it’s better to just decide what you want to be true beforehand and then copy reasons for your decision from other people. Then collect an award with the time you save by not having to think too hard. And if you have more time left over from not thinking for yourself, then you can compose insults to mock the people who believe that children deserve a mother and father.