Wednesday, August 25, 2004

Writing Our Own Job Descriptions
Judges deciding they could legislate was only the first step; now executive branch officials are deciding they can judge. Michigan election officials voted to deny ballot access to an initiative with plenty of signatures because they don't think it's constitutional. Note to election officials: That's not your business to decide. From the language given in the article, which is unusually broad, I suspect it could be construed in an unconstitutional manner--to prohibit, say, a private employer from granting benefits to same sex partners, or even preventing a private wedding chapel from conducting a same-sex ceremony. But a judge could also construe it to refer only to government actions, in which case it would likely be constitutional. Regardless, it's the judge's job, not theirs.

And in Louisiana, it seems they're up their old "one subject" trick. As if legislative bills are ever held to this standard. For some reason an initiative that addresses same-sex marriage and civil unions violates the one issue rule, but the Consolidated Multiplied Omnibus Bill passed at midnight just before adjournment never does.

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