December 11, 2007
Unintended Consequences

Democratic process: 1, trying to do an end-run around it: 0

The Rhode Island Supreme Court ruled Friday that same-sex couples who marry in Massachusetts, the only state that allows same-sex marriage, may not divorce in Rhode Island.

In a 3-to-2 decision, the court ruled that it was up to the legislature, not the court, to determine whether same-sex marriages and divorces would be recognized in Rhode Island.

The narrow margin is disheartening, but we've all gotten so used to the courts making policy instead of adjudicating law I guess it's a victory nonetheless. For the Constitution, at any rate. Members of the peanut gallery who think it's OK for unelected retired lawyers to rule us all will, I imagine, not even completely understand what I'm talking about.

Posted by scott at December 11, 2007 11:38 AM

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