Quote:
Originally posted by BRussell
AFAIK, there wasn't a single gay marriage amendment or initiative on the ballot in any state. All of the initiatives/amendments defined marriage as hetero only, and they all passed. And some of them did take away rights that were already there - the one in Ohio, for example, put an end to civil unions that had already existed. The other ones took away the possibility of future rights, I guess you could say.
You're right. I stand corrected.
Quote:
Originally posted by BRussell
But who knows, the Supreme Court could, as unlikely as it seems right now, interpret our constitution as allowing gay marriage, and then all of those state decisions would go up in smoke. That would be a perfect example of a non-democratic institution ensuring individual rights by over-riding a democratic process.
Exactly right. And these things take time to work themselves out.
Quote:
Originally posted by BRussell
As far as I can tell, in every single case criticized by the social conservatives - the overturning of Texas sodomy laws, the Massachusetts court saying gay marriage was a constitutional right, Roe v. Wade - it was about the courts reducing gov't "democratic" power and increasing individual freedom despite what majorities might have wanted.
These examples fit your definition...though Roe v. Wade could be possibly interpreted differently. (I don't really want to open that debate here and now...perhaps in another thread though.)
Quote:
Originally posted by BRussell
That's really what "activist judge" means - a judge who interprets the constitution so broadly that he or she grants people more rights than social conservatives want people to have. I don't think there's a single instance of a judge taking away individual rights and being called activist. I'd be interested if you could find one.
Well, not sure I agree with this definition of activist judge...but I have to think about it a bit...and perhaps seek out some examples (as you challenge me to do.)
Secondly, I take a bit of exception with this statement:
"a judge who interprets the constitution so broadly that he or she grants people more rights than social conservatives want people to have"
I think a more general (and proper) wording would be:
"a judge who interprets the constitution so broadly that he or she grants people more rights"
Let's not turn this into a "social conservatives" thing. Social conservatives are not the only ones that want to restrict rights in this country. Andthey don't always want to restrict rights. The bottom line is about
anyone that wants to restrict the rights of minorities.