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Re: Derb


You’re right Derb. I don’t doubt that the Court is overstepping its boundaries here. How likely the legislature is to resist, I can’t say. But even in Vermont, the legislature’s willingness to go along with the Vermont Supreme Court was in no way a foregone conclusion. The final vote on civil unions in Vermont was actually quite close. So this is far from over. It’s still too early to tell, but it does seem as though the Court has done much less than the plaintiffs had hoped. In a way, it comes down to providing political cover for liberal legislators to do what they want to do anyway. On the other hand, if the legislature refuses to act, the Court could come back again. In Vermont, the Supreme Court as much as threatened to legalize full gay marriage next time it was asked to decide a case, if the legislature didn’t at least create civil unions. So what we’ve really got here is a kind of delicate maneuvering around the separation of powers issue, with each branch pushing the other, while also being afraid to push too far.


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