I'm sorry that I can't get all that worked up about the decision reached yesterday by the New Jersey Supreme Court over the issue of same sex marriage (Lewis v. Harris) and whether those folks are entitled to all the rights and responsibilities as a heterosexual couple. The state already provides domestic partners with certain benefits and the definition of marriage is one that can be legislated pretty easily - though not without rancorous debate.
This decision, however, is insignificant as compared to some of the other decisions to come out of the New Jersey Supreme Court over the past few decades. This isn't exactly the first time that a New Jersey Supreme Court has acted in a manner that doesn't exactly jibe with public opinion or will cost the state billions of dollars. New Jersey's activist judges think that they know more about what the state wants or needs than anyone else - including the legislature.
The decision yesterday, simply reinforces the point that there are judges who want to make social, political, and ethical decisions in the stead of the legislature or the executive along very narrow ideological grounds.
The decision that should really get all the attention is not Lewis, but the Abbott cases.
What are the Abbott cases? Well, it's simply the series of cases managed by the New Jersey Supreme Court calling for the massive redistribution of wealth in New Jersey for the purpose of improving education in 31 underperforming districts. These decisions, dating back to 1981, requires that "Abbott districts receive state aid that is calculated to provide them with the same per-pupil operating budget as would be found in New Jersey’s wealthiest school districts." The Court completely reinterpreted the State Constitution and ignored all financial considerations in making its decisions.
The courts basically usurped the legislature's right to manage the fiscal oversight of education in New Jersey, and the results are not promising. Despite these decisions, the education has not measurably improved in the Abbott districts and that has meant the courts have demanded an ever increasing amount of money to be thrown at the problem.
Throwing money at the Abbott districts has not improved the education of the students in those districts. Indeed, the Abbott districts spend 30% to 50% more than the wealthiest districts in the state. The state teeters on the edge of fiscal ruin, and no one in Trenton appears willing or able to take on the Court's ruling in this area, despite the importance of solving the structural fiscal problems in the state.
New Jersey spends more per pupil than most other states in the country, and the results are just middling. Abbott should dominate the discussion because of the wealth transfer it demands and the failure to deal with educating children in New Jersey in a responsible fashion. It's the 800 pound gorilla that deserves attention, not the same-sex marriage decision. Yet, the same-sex marriage decision gets the real national press because it's sexy and could be a political hot-button issue.
Technorati: new jersey, same sex marriage, gay marriage, corzine, abbott, abbott district, politics, law.
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