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	<title>Comments on: New Jersey Court Rules In Favor For Same Sex Unions</title>
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	<link>http://www.stoptheaclu.com/2006/10/25/new-jersey-court-rules-in-favor-for-same-sex-unions/</link>
	<description>Beating Them With Their Own Sickle And Hammer</description>
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		<title>By: RogerT</title>
		<link>http://www.stoptheaclu.com/2006/10/25/new-jersey-court-rules-in-favor-for-same-sex-unions/comment-page-1/#comment-57707</link>
		<dc:creator>RogerT</dc:creator>
		<pubDate>Fri, 27 Oct 2006 19:08:38 +0000</pubDate>
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		<description>&lt;blockquote&gt;This is a false characterization. The court ordered the legislature to modify law to remove the disparities. It did not tell the legislature how to go about doing so.&lt;/blockquote&gt;

Nope, the only false characterization is being done by you. The court DID tell them how to go about doing so when they said...
&quot;The State can fulfill that constitutional requirement IN ONE OF TWO WAYS.&quot;
There are more then two ways to go about removing these supposed disparities. They could in fact amend the constitution effectively stopping both civil unions and Gay marriage. Your specious reasoning isn&#039;t fooling anyone, even if you get the last word.

&lt;blockquote&gt;3. You don’t believe homosexual couples are entitled to similar rights as heterosexual couples.
----
Should I take that to mean that your answer to my last question was #3?&lt;/blockquote&gt;

Option three is a strawman, but I figured as much coming from you. Gays already have similar rights; they are free to marry someone from the opposite sex. Additionally, heterosexuals aren&#039;t allowed to marry those of the same sex either.

You are wanting additional rights added.</description>
		<content:encoded><![CDATA[<blockquote><p>This is a false characterization. The court ordered the legislature to modify law to remove the disparities. It did not tell the legislature how to go about doing so.</p></blockquote>
<p>Nope, the only false characterization is being done by you. The court DID tell them how to go about doing so when they said&#8230;<br />
&#8220;The State can fulfill that constitutional requirement IN ONE OF TWO WAYS.&#8221;<br />
There are more then two ways to go about removing these supposed disparities. They could in fact amend the constitution effectively stopping both civil unions and Gay marriage. Your specious reasoning isn&#8217;t fooling anyone, even if you get the last word.</p>
<blockquote><p>3. You don’t believe homosexual couples are entitled to similar rights as heterosexual couples.<br />
&#8212;-<br />
Should I take that to mean that your answer to my last question was #3?</p></blockquote>
<p>Option three is a strawman, but I figured as much coming from you. Gays already have similar rights; they are free to marry someone from the opposite sex. Additionally, heterosexuals aren&#8217;t allowed to marry those of the same sex either.</p>
<p>You are wanting additional rights added.</p>
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		<title>By: Jeff Molby</title>
		<link>http://www.stoptheaclu.com/2006/10/25/new-jersey-court-rules-in-favor-for-same-sex-unions/comment-page-1/#comment-57706</link>
		<dc:creator>Jeff Molby</dc:creator>
		<pubDate>Fri, 27 Oct 2006 06:17:50 +0000</pubDate>
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		<description>&lt;blockquote&gt;You know where this is from Jeff? The opinion issued yesterday by the NJ Supreme Court.&lt;/blockquote&gt;
Yes, your quote matches my interpretation. I don&#039;t dispute a single word of it.
&lt;blockquote&gt;Is the definition of “legislating from the bench” clear now?&lt;/blockquote&gt;
My definition of it is very clear to me, but I still have no clue what your definition of it is. Please state it in clear language or my best guess will have to remain &quot;any decision with which Glib Fortuna disagrees.&quot;
&lt;blockquote&gt;I think our conversation must end because no one with a bit of sense can argue that the court did not seize legislative authority here.&lt;/blockquote&gt;
I guess out conversation must end. It seems to me that they exercised their power of judicial review and nothing more.
&lt;blockquote&gt;BTW, this notion of “couples’ rights” — when was this invented? “Rights” have always been in the context of the INDIVDUAL in this country. An individual who identifies as a “homosexual” is guaranteed the same rights as anyone else. This new formulation of “group rights” is an alien concept that, if widely mandated and enforced, means the end of our constitutional republic.&lt;/blockquote&gt;
Should I take that to mean that your answer to my last question was #3?</description>
		<content:encoded><![CDATA[<blockquote><p>You know where this is from Jeff? The opinion issued yesterday by the NJ Supreme Court.</p></blockquote>
<p>Yes, your quote matches my interpretation. I don&#8217;t dispute a single word of it.</p>
<blockquote><p>Is the definition of “legislating from the bench” clear now?</p></blockquote>
<p>My definition of it is very clear to me, but I still have no clue what your definition of it is. Please state it in clear language or my best guess will have to remain &#8220;any decision with which Glib Fortuna disagrees.&#8221;</p>
<blockquote><p>I think our conversation must end because no one with a bit of sense can argue that the court did not seize legislative authority here.</p></blockquote>
<p>I guess out conversation must end. It seems to me that they exercised their power of judicial review and nothing more.</p>
<blockquote><p>BTW, this notion of “couples’ rights” — when was this invented? “Rights” have always been in the context of the INDIVDUAL in this country. An individual who identifies as a “homosexual” is guaranteed the same rights as anyone else. This new formulation of “group rights” is an alien concept that, if widely mandated and enforced, means the end of our constitutional republic.</p></blockquote>
<p>Should I take that to mean that your answer to my last question was #3?</p>
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		<title>By: Glib Fortuna</title>
		<link>http://www.stoptheaclu.com/2006/10/25/new-jersey-court-rules-in-favor-for-same-sex-unions/comment-page-1/#comment-57705</link>
		<dc:creator>Glib Fortuna</dc:creator>
		<pubDate>Fri, 27 Oct 2006 00:32:00 +0000</pubDate>
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		<description>&quot;To comply with the equal protection guarantee of Article I,
Paragraph 1 of the New Jersey Constitution, the State MUST
provide to committed same-sex couples, on equal terms, the full
rights and benefits enjoyed by heterosexual married couples.
The State can fulfill that constitutional requirement IN ONE OF TWO WAYS. It can EITHER amend the marriage statutes to include
same-sex couples or enact a parallel statutory structure by
another name, in which same-sex couples would not only enjoy the
rights and benefits, but also bear the burdens and obligations
of civil marriage. If the State proceeds with a parallel
scheme, it CANNOT make entry into a same-sex civil union any
more difficult than it is for heterosexual couples to enter the
state of marriage. It may, however, regulate that scheme
similarly to marriage and, for instance, restrict civil unions
based on age and consanguinity and prohibit polygamous
relationships.
The constitutional relief that we give to plaintiffs cannot
be effectuated immediately or by this Court alone. The
implementation of this constitutional mandate will require the
cooperation of the Legislature. To bring the State into
compliance with Article I, Paragraph 1 so that plaintiffs can
exercise their full constitutional rights, the Legislature MUST
EITHER amend the marriage statutes OR enact an appropriate
statutory structure within 180 days of the date of this
decision.&quot;

You know where this is from Jeff?  The opinion issued yesterday by the NJ Supreme Court.  Is the definition of &quot;legislating from the bench&quot; clear now?  If you don&#039;t understand what the court has done here, I think our conversation must end because no one with a bit of sense can argue that the court did not seize legislative authority here.

BTW, this notion of &quot;couples&#039; rights&quot; -- when was this invented?  &quot;Rights&quot; have always been in the context of the INDIVDUAL in this country.  An individual who identifies as a &quot;homosexual&quot; is guaranteed the same rights as anyone else.  This new formulation of &quot;group rights&quot; is an alien concept that, if widely mandated and enforced, means the end of our constitutional republic.

This decision is another abysmal example of the tyranny of an arrogant elitist court, nothing more.</description>
		<content:encoded><![CDATA[<p>&#8220;To comply with the equal protection guarantee of Article I,<br />
Paragraph 1 of the New Jersey Constitution, the State MUST<br />
provide to committed same-sex couples, on equal terms, the full<br />
rights and benefits enjoyed by heterosexual married couples.<br />
The State can fulfill that constitutional requirement IN ONE OF TWO WAYS. It can EITHER amend the marriage statutes to include<br />
same-sex couples or enact a parallel statutory structure by<br />
another name, in which same-sex couples would not only enjoy the<br />
rights and benefits, but also bear the burdens and obligations<br />
of civil marriage. If the State proceeds with a parallel<br />
scheme, it CANNOT make entry into a same-sex civil union any<br />
more difficult than it is for heterosexual couples to enter the<br />
state of marriage. It may, however, regulate that scheme<br />
similarly to marriage and, for instance, restrict civil unions<br />
based on age and consanguinity and prohibit polygamous<br />
relationships.<br />
The constitutional relief that we give to plaintiffs cannot<br />
be effectuated immediately or by this Court alone. The<br />
implementation of this constitutional mandate will require the<br />
cooperation of the Legislature. To bring the State into<br />
compliance with Article I, Paragraph 1 so that plaintiffs can<br />
exercise their full constitutional rights, the Legislature MUST<br />
EITHER amend the marriage statutes OR enact an appropriate<br />
statutory structure within 180 days of the date of this<br />
decision.&#8221;</p>
<p>You know where this is from Jeff?  The opinion issued yesterday by the NJ Supreme Court.  Is the definition of &#8220;legislating from the bench&#8221; clear now?  If you don&#8217;t understand what the court has done here, I think our conversation must end because no one with a bit of sense can argue that the court did not seize legislative authority here.</p>
<p>BTW, this notion of &#8220;couples&#8217; rights&#8221; &#8212; when was this invented?  &#8220;Rights&#8221; have always been in the context of the INDIVDUAL in this country.  An individual who identifies as a &#8220;homosexual&#8221; is guaranteed the same rights as anyone else.  This new formulation of &#8220;group rights&#8221; is an alien concept that, if widely mandated and enforced, means the end of our constitutional republic.</p>
<p>This decision is another abysmal example of the tyranny of an arrogant elitist court, nothing more.</p>
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		<title>By: Jeff Molby</title>
		<link>http://www.stoptheaclu.com/2006/10/25/new-jersey-court-rules-in-favor-for-same-sex-unions/comment-page-1/#comment-57704</link>
		<dc:creator>Jeff Molby</dc:creator>
		<pubDate>Thu, 26 Oct 2006 21:01:25 +0000</pubDate>
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		<description>&lt;blockquote&gt;You have asserted it several times, but you can’t demonstrated it.&lt;/blockquote&gt;
Sorry, that was supposed to read &quot;you haven&#039;t demonstrated it.&quot;</description>
		<content:encoded><![CDATA[<blockquote><p>You have asserted it several times, but you can’t demonstrated it.</p></blockquote>
<p>Sorry, that was supposed to read &#8220;you haven&#8217;t demonstrated it.&#8221;</p>
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		<title>By: Jeff Molby</title>
		<link>http://www.stoptheaclu.com/2006/10/25/new-jersey-court-rules-in-favor-for-same-sex-unions/comment-page-1/#comment-57703</link>
		<dc:creator>Jeff Molby</dc:creator>
		<pubDate>Thu, 26 Oct 2006 21:00:19 +0000</pubDate>
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		<description>&lt;blockquote&gt;You made a false statement, I called you on it. Your statment about not “legislating from the bench” is completely untrue. Whatever the specifics, the court certainly did do what you think it didn’t.&lt;/blockquote&gt;
You have asserted it several times, but you can&#039;t demonstrated it.
&lt;blockquote&gt;the court ordered the legislature to enact its edict.&lt;/blockquote&gt;
This is a false characterization. The court ordered the legislature to modify law to remove the disparities. It did not tell the legislature how to go about doing so.

This seems well within their powers, so I guess I&#039;d like to know what your definition of &quot;legislating from the bench&quot; is.

&lt;blockquote&gt;“Reasoning?” You mean the part about “evolving ethos?”&lt;/blockquote&gt;
I mean &lt;a href=&quot;http://www.answers.com/reasoning&quot; rel=&quot;nofollow&quot;&gt;reasoning&lt;/a&gt;: Use of reason, especially to form conclusions, inferences, or judgments.

I can only think of three possible reasons why someone would not agree with this ruling:

1. You don&#039;t believe the courts have the power of judicial review
2. You believe their reasoning is invalid
3. You don&#039;t believe homosexual couples are entitled to similar rights as heterosexual couples.

Which one(s) best describes you? If I&#039;ve missed another possibility, feel free to add it.</description>
		<content:encoded><![CDATA[<blockquote><p>You made a false statement, I called you on it. Your statment about not “legislating from the bench” is completely untrue. Whatever the specifics, the court certainly did do what you think it didn’t.</p></blockquote>
<p>You have asserted it several times, but you can&#8217;t demonstrated it.</p>
<blockquote><p>the court ordered the legislature to enact its edict.</p></blockquote>
<p>This is a false characterization. The court ordered the legislature to modify law to remove the disparities. It did not tell the legislature how to go about doing so.</p>
<p>This seems well within their powers, so I guess I&#8217;d like to know what your definition of &#8220;legislating from the bench&#8221; is.</p>
<blockquote><p>“Reasoning?” You mean the part about “evolving ethos?”</p></blockquote>
<p>I mean <a href="http://www.answers.com/reasoning" rel="nofollow">reasoning</a>: Use of reason, especially to form conclusions, inferences, or judgments.</p>
<p>I can only think of three possible reasons why someone would not agree with this ruling:</p>
<p>1. You don&#8217;t believe the courts have the power of judicial review<br />
2. You believe their reasoning is invalid<br />
3. You don&#8217;t believe homosexual couples are entitled to similar rights as heterosexual couples.</p>
<p>Which one(s) best describes you? If I&#8217;ve missed another possibility, feel free to add it.</p>
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		<title>By: Glib Fortuna</title>
		<link>http://www.stoptheaclu.com/2006/10/25/new-jersey-court-rules-in-favor-for-same-sex-unions/comment-page-1/#comment-57702</link>
		<dc:creator>Glib Fortuna</dc:creator>
		<pubDate>Thu, 26 Oct 2006 19:13:45 +0000</pubDate>
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		<description>Focus Jeff, focus.

You made a false statement, I called you on it.  Your statment about not &quot;legislating from the bench&quot; is completely untrue.  Whatever the specifics, the court certainly did do what you think it didn&#039;t.

&quot;Reasoning?&quot;  You mean the part about &quot;evolving ethos?&quot;  What arrogance.</description>
		<content:encoded><![CDATA[<p>Focus Jeff, focus.</p>
<p>You made a false statement, I called you on it.  Your statment about not &#8220;legislating from the bench&#8221; is completely untrue.  Whatever the specifics, the court certainly did do what you think it didn&#8217;t.</p>
<p>&#8220;Reasoning?&#8221;  You mean the part about &#8220;evolving ethos?&#8221;  What arrogance.</p>
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		<title>By: Rhymes With Right</title>
		<link>http://www.stoptheaclu.com/2006/10/25/new-jersey-court-rules-in-favor-for-same-sex-unions/comment-page-1/#comment-57701</link>
		<dc:creator>Rhymes With Right</dc:creator>
		<pubDate>Thu, 26 Oct 2006 10:45:27 +0000</pubDate>
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		<description>&lt;strong&gt;Gays Win In New Jersey -- GOP Handed Winning Issue&lt;/strong&gt;

I understand that there are arguments on both sides of the gay marriage issue that folks find persuasive. But yesterday&#039;s decision by the New Jersey Supreme Court should frighten and offend folks on either side of the issue. After all,...</description>
		<content:encoded><![CDATA[<p><strong>Gays Win In New Jersey &#8212; GOP Handed Winning Issue</strong></p>
<p>I understand that there are arguments on both sides of the gay marriage issue that folks find persuasive. But yesterday&#8217;s decision by the New Jersey Supreme Court should frighten and offend folks on either side of the issue. After all,&#8230;</p>
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		<title>By: kerwin_brown</title>
		<link>http://www.stoptheaclu.com/2006/10/25/new-jersey-court-rules-in-favor-for-same-sex-unions/comment-page-1/#comment-57691</link>
		<dc:creator>kerwin_brown</dc:creator>
		<pubDate>Thu, 26 Oct 2006 05:51:51 +0000</pubDate>
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		<description>I doubt that the progressive state of New Jersey will take a stand against the judicial activism that exists on their Superior Court whose members all had no problem legislating from the bench.  The four moderates one and delivered the political decision.

There is an out the legislator may use without violating to court fiat.  They could back a law similar to Colorado Senate Bill 166 that Dr. James Dobson backed.  This one grant marital rights but is not based on status such as homosexuality.  That means no civil unions or gay marriage.  This is an option I have not heard offered but one that does appear to meet the criteria of the Superior Court.</description>
		<content:encoded><![CDATA[<p>I doubt that the progressive state of New Jersey will take a stand against the judicial activism that exists on their Superior Court whose members all had no problem legislating from the bench.  The four moderates one and delivered the political decision.</p>
<p>There is an out the legislator may use without violating to court fiat.  They could back a law similar to Colorado Senate Bill 166 that Dr. James Dobson backed.  This one grant marital rights but is not based on status such as homosexuality.  That means no civil unions or gay marriage.  This is an option I have not heard offered but one that does appear to meet the criteria of the Superior Court.</p>
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		<title>By: Church and State</title>
		<link>http://www.stoptheaclu.com/2006/10/25/new-jersey-court-rules-in-favor-for-same-sex-unions/comment-page-1/#comment-57692</link>
		<dc:creator>Church and State</dc:creator>
		<pubDate>Thu, 26 Oct 2006 04:35:22 +0000</pubDate>
		<guid isPermaLink="false">http://stoptheaclu.dreamhosters.com/archives/2006/10/25/new-jersey-court-rules-in-favor-for-same-sex-unions/#comment-57692</guid>
		<description>&lt;strong&gt;New Jersey Supreme Majority Epitomizes &quot;Breathingist&quot;&lt;/strong&gt;

Huh? Some call that passing the buck. I&#039;m going to go with &quot;woussing out&quot;. If you are going to be a breathingist judge, be one. Don&#039;t be scared. Go to the mattresses with it. Well, it looks like this bunch stopped short of the bedroom threshold.</description>
		<content:encoded><![CDATA[<p><strong>New Jersey Supreme Majority Epitomizes &#8220;Breathingist&#8221;</strong></p>
<p>Huh? Some call that passing the buck. I&#8217;m going to go with &#8220;woussing out&#8221;. If you are going to be a breathingist judge, be one. Don&#8217;t be scared. Go to the mattresses with it. Well, it looks like this bunch stopped short of the bedroom threshold.</p>
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		<title>By: Jeff Molby</title>
		<link>http://www.stoptheaclu.com/2006/10/25/new-jersey-court-rules-in-favor-for-same-sex-unions/comment-page-1/#comment-57693</link>
		<dc:creator>Jeff Molby</dc:creator>
		<pubDate>Thu, 26 Oct 2006 03:11:29 +0000</pubDate>
		<guid isPermaLink="false">http://stoptheaclu.dreamhosters.com/archives/2006/10/25/new-jersey-court-rules-in-favor-for-same-sex-unions/#comment-57693</guid>
		<description>I have done so now, Glib and I still disagree with your assertion. They simply ruled that the status quo results in disparate treatment that disfavors same-sex couples and is thus unconstitutional.

They didn&#039;t say &quot;marriage now includes homosexuals&quot;, they just said &quot;Fix the disparity, so we don&#039;t have to.&quot;

Are you upset that homosexuals are going to gain rights in NJ or are you upset with their reasoning?</description>
		<content:encoded><![CDATA[<p>I have done so now, Glib and I still disagree with your assertion. They simply ruled that the status quo results in disparate treatment that disfavors same-sex couples and is thus unconstitutional.</p>
<p>They didn&#8217;t say &#8220;marriage now includes homosexuals&#8221;, they just said &#8220;Fix the disparity, so we don&#8217;t have to.&#8221;</p>
<p>Are you upset that homosexuals are going to gain rights in NJ or are you upset with their reasoning?</p>
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