A nation of laws or maverick politicians?

A year ago, when this blog was read by…me, I wrote a post about the MCAS exam in Massachusetts. The MCAS (Massachusetts Comprehensive Assessment System) is a test that must be passed before anybody in the Bay State can earn a high school diploma. At the time, the Berkshire Hills school committee voted to essentially ignore the law and hand out diplomas to kids who didn’t pass the MCAS (they were later forced to back down under pressure from Boston). Back then, I was stunned that “elected officials – the putative leaders of the land – openly disregard[ed] both the letter and the spirit of settled law.”

I really have no strong feelings on the issue of gay marriage; if pressed, I would have to come down on the side that a marriage is between a man and a woman. But I’m in full-throated agreement with the Wall Street Journal noting: “San Francisco's Mayor Gavin Newsom decided to throw away the rule of law and declare it was his duty to recognize marriages between gay couples, despite a 2000 voter initiative codifying the traditional definition of marriage.”

This sentiment was shared by Mark Shields (!) who raised the gay marriage issue in his Capital Gang “Outrage of the Week” on Saturday:

Liberals could learn some political self-discipline from conservatives. For example, the conservative National Rifle Association has never been so self-indulgent as to insist that George W. Bush or any other conservative be photographed brandishing an AK-47 assault weapon to prove that conservative's devotion to the NRA cause. But as openly gay Congressman Barney Frank, a strong supporter of Senator John Kerry, rightly points out, San Francisco's rush of gay marriages promotes the notion that laws you don't agree with you can simply ignore or break. And it gives the conservatives a large issue. [Emphasis added]

And the WSJ Opinion Journal article expands on Barney Frank’s concern:

Rep. Barney Frank of Massachusetts, the first openly gay member of Congress, says he warned Mayor Newsom that his stunt would fail legally and would also force more-mainstream politicians to support a constitutional amendment to ban same-sex marriage. He is aware there has been a backlash since the Massachusetts court decision, and San Francisco's civil disobedience may accelerate that. A December poll by CBS and the New York Times found that 61% of Americans opposed gay marriage, up from 55% in July. Opposition to gay rights was the highest since the survey began asking the question in 1992.

The issue of gay marriage is one that should be decided by debate and legislation, not by judicial fiat. And no matter how well-intentioned their motives, elected officials have a solemn duty to uphold the law or invite anarchy.

Extra: Dodd adds his thoughts on "Instant Gratification"