[Vision2020] California Gay-Marriage Ban Ruled Unconstitutional

[Art Deco]

David,

Have you not read the 14th Amendment to the United States Constitution?  I thought this amendment was one of the cornerstones of libertarian philosophy.

Amendment XIV

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws...


Art Deco (Wayne A. Fox)
deco at moscow.com


--- Original Message ----- 

  From: David M. Budge 
  To: Tom Hansen 
  Cc: vision2020 at moscow.com 
  Sent: Monday, March 14, 2005 7:20 AM
  Subject: Re: [Vision2020] California Gay-Marriage Ban Ruled Unconstitutional


  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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