[Vision2020] California Gay-Marriage Ban Ruled Unconstitutional

[David M. Budge]

Hail Machiavelli!  But I warn all that think the ends justify the means 
of the potential blow-back of judges over-ruling legislation may just 
disable judges from doing just that.  The CA statute that makes marriage 
between one man and one woman is an issue of democracy by legislation.  
Legislatures have the upper hand and can change constitutions.  Hence 
the notion of of "three equal legs of government" is false.  One's 
reliance on judicial interpretation may some day come back and bite one 
on one's ass.

Listen, I'm for love and equal rights.  The libertarian in me says that 
government should stay the hell out of the marriage business (to which I 
have the concurrence of Nick Gier.) 

But just as the Supreme Court made unconstitutional the practice of 
executing minors (the outcome with which I approve as I  approve of the 
outcome of the decision in question) the upshot is a loss of democracy 
for residence of the states.  Preferably the law should be changed by 
democratic process.  In other words, the day will likely come when a law 
that you favor and is mandated by majority representation will be 
overturned by judicial fiat.  This is the wrong way to run a democracy 
or a republic.

Justice Brandies may be rolling over in his grave.

db

Tom Hansen wrote:

>Alas!  A reason to be proud to be from California.
>
>It is a simple matter of equality.  Nothing more, nothing less.
>
>http://www.cnn.com/2005/LAW/03/14/gay.marriage.ap/index.html
>
>Tom Hansen
>Moscow, Idaho
>
>
>"What is objectionable, what is dangerous, about extremists is not that they
>are extreme, but that they are intolerant. The evil is not what they say
>about their cause, but what they say about their opponents."
>
>-- Robert F. Kennedy
>
>
>
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