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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.<br>
<br>
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.) <br>
<br>
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.<br>
<br>
Justice Brandies may be rolling over in his
grave.<br>
<br>
db<br>
<br>
Tom Hansen wrote:<br>
<blockquote type="cite"
cite="mid200503142119.j2ELJ6KN019334@mail-gw.fsr.net">
<pre wrap="">Alas! A reason to be proud to be from California.
It is a simple matter of equality. Nothing more, nothing less.
<a class="moz-txt-link-freetext"
href="http://www.cnn.com/2005/LAW/03/14/gay.marriage.ap/index.html">http://www.cnn.com/2005/LAW/03/14/gay.marriage.ap/index.html</a>
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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