The Supreme Court considers the question of whether California’s Proposition 8 ban on same sex marriage is constitutional. So what should happen when the majority acts against a minority, as in Proposition 8? Particularly when we see the executive branch make a craven political decision to not act, and legislators at both the federal and state level unwilling to act. In such a case, it seems obvious that the judiciary is the last firewall to protect our civil liberties, and it is only the judiciary that can preserve minority rights against the will of the majority. In such a case, not only is judicial action acceptable, it is necessary, even when it means substituting judicial fiat for democratic majority or legislative action. Self evident inalienable individual rights should trump the majority every time.
Archive for the 'Gay Marriage' Category
I don’t think this is any surprise, and it certainly sets the stage for a very interesting SCOTUS case coming up. From ABC News, via Wash Post: The poll shows that 58 percent of Americans now believe it should be legal for gay and lesbian couples to get married; 36 percent say it should be [...]
How bummed am I to see these Gallup numbers? Quite a bit. No, strike that. Quite a lot. Seriously Democrats? Seriously Independents? Yes, seriously. My guess is that these Dems and Indies are mostly older and southern and they will slowly be replaced by folks who really don’t care who you love and who you [...]
It finally happened. We all knew it would, but for it to have taken this long is disappointing. And to find out that Biden essentially forced his hand is even more disappointing. But hey, it is what it is. This is politics. Still, his support seems pretty weak right now. Yes, he’s the first President [...]
In the wake of the Iowa Supreme Court decision last week, combined with the subsequent Vermont legislative passage of same-sex marriage, there’s been a lot of talk, even amongst more conservative pro-same-sex marriage folks, about judicial activism and whether it’s the appropriate role of the courts to get involved in deciding social hot-button issues. There [...]
Does new evidence incriminate the Mormon Church’s involvement with Proposition 8? This is Steven Greenstreet with American News Project. Activists claim that money from the Mormon Church was the deciding factor in passing Proposition 8 in California – banning gay marriage. The church claims to have only spent a few thousand dollars on the campaign, [...]