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tc-sacto tc-sacto is offline
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Join Date: Feb 2004
Location: Granite Bay, CA
Posts: 767
More Judicial Activisim!

I tend to agree with the dissenting votes: The courts overstep their boundrys when the go against the will of the people! Be it gay marriage or any other issue. What's the point of having people vote if all you need is four people in the entire state to decide they personally don't agree, and legislate away millions of voters.

W]e should hesitate to use our authority to take one side in an ongoing political debate. The accommodation of disparate views is democracy’s essential challenge. Democracy is never more tested than when its citizens honestly disagree, based on deeply held beliefs. In such circumstances, the legislative process should be given leeway to work out the differences. It is inappropriate for the judiciary to interrupt that process and impose the views of its individual members, while the opinions of the people are still evolving.

Nothing in our Constitution, express or implicit, compels the majority’s startling conclusion that the age-old understanding of marriage — an understanding recently confirmed by an initiative law — is no longer valid. California statutes already recognize same-sex unions and grant them all the substantive legal rights this state can bestow. If there is to be a further sea change in the social and legal understanding of marriage itself, that evolution should occur by similar democratic means. The majority forecloses this ordinary democratic process, and, in doing so, oversteps its authority.
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Old 05-16-2008, 09:49 PM
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