Massachusetts Supremes Bolster Case for 'Out-of-the-Mainstream' Judges

Conservatives have long held that there are too many liberal judicial activists on state and federal courts around the nation – judges that want to, and do, change the law by judicial fiat.

Tuesday, the Massachusetts Supreme Court provided more evidence that such complaints are justified.

Today, Americans across the country woke up to front-page headlines like these and probably had an interesting time trying to explain them to their kids at the breakfast table:

But just try to find a judge with conservative, constructionist views whom Democrats will actively support.

The types of judges conservatives support and who surely would have opposed such a judicial power grab as the granting of a “right” to marriage for homosexuals are the same types of judges liberals call “out of the mainstream.”

Just how out of the mainstream would such judges be on the issue of homosexual marriage? Check out these polling numbers from Gallup:

Should same sex marriages be legally recognized?
June 2003 (before the Supreme Court’s ruling in Lawrence v. Texas that Texas’ anti-sodomy law was unconstitutional)

  • Yes: 39%
  • No: 55%
  • October 24-26, 2003 (after the Lawrence decision)

  • Yes: 35%
  • No: 61%
  • What impact would same sex marriages have on society? (September 19-21, 2003)

  • Better: 10%
  • No Effect: 40%
  • Worse: 48%
  • Just who, exactly, is out of the mainstream?