It appears that the seven liberals who make up the Massachusetts Supreme Judicial Court won’t be inviting each other to high tea any time soon. There appears to be a lot of rancor between the majority that found a non-existent support for gay marriage in the Mass. Constitution, and the minority that was aghast at the bravado and abuse of power by the majority. Even the liberal minority saw the majority as judicial activists, and that’s saying something.
The oligarchs,... I mean, the court also seems to be somewhat impatient with what it apparently think should be its rubber-stamp legislature. In last week’s response to the Legislature’s advisory request on whether civil unions would meet the demands of the court, the majority responded brusquely, which is highly unusual.
“The answer to the question is ‘No,’” the justices wrote, calling the civil unions bill “an attempt to circumvent the court’s decision.”
Here’s how I imagined the scene:
Two trembling courtiers, House Speaker Tommy and Senate President Bobby, approach, hat in hand, “Queen” Margaret Marshall, Chief Justice.
Tommy: Please, your highness, we know you’ve told us that we must allow the gays to marry. But if it please you, what if we let them “marry”, but called it something else? The peasants are all in an uproar about it. They say that it’s not constitutional and they weren’t consulted.
Bobby: Of course, your highness, we agree completely with your most august decision. No one disputes the justice and wisdom of your decision.
The queen focuses a steely glare on the courtiers who cringe, afraid they may have awakened her wrath.
Queen Margaret: (ROARS) NO! How dare you question my orders! just who do you think is in charge here? I tell you what the constitution means, not the other way around. And as for those peasants, they are too dumb to know what’s good for them. Only someone of my obvious intelligence and tolerance can be allowed to determine what is good for society. Now, begone! Or I shall smite you for your insolence.
Yeah, I think that’s about how it happened.
