Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Gay Marriage Belongs in the Courts

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (Through 2005) Donate to DU
 
many a good man Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-01-04 07:44 PM
Original message
Gay Marriage Belongs in the Courts
In a democracy, majority rules. The Legislature can pass any law it wants, as long as it is approved by a majority. The role of the Courts is to rule on the constitutionality of the laws passed. This is how the rights of the minority are protected in our system of law.

Therefore, isn't it entirely appropriate that the question of gay marriage gets decided by a court? If the majority is in favor of a law that violates the civil rights of a minority, it is up to the court's to strike down that law. Am I missing something, or isn't this one of the most basic tenets of our constitutional system??

I think arguing against this issue being decided by the courts, not the "people", shows a complete ignorance of the American political system. Are the conservatives who argue against the court's role merely ignorant, or are they simply opposed to constitutional democracy? Why isn't our side pointing this out?
Printer Friendly | Permalink |  | Top
kayell Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-01-04 08:11 PM
Response to Original message
1. Some are, or their goal is to get cases in front of the courts
Edited on Mon Mar-01-04 08:14 PM by kayell
I'm sure this is exactly Gavin Newsom's strategy - force the issue into the courts. Also the mayor of Ithaca is setting the stage for Ithaca to take NY state to court over licenses for gay couples. http://www.democraticunderground.com/discuss/duboard.ph...

As for why the probable dem candidate(s) and pols aren't speaking out - my opinion is that a lot of dems have fallen prey to the playing to middle fallacy. They spend a huge amount of time trying to avoid the repuke talking points like "activist judges" rather than challenging the pukes, and standing up for what's right. To the point where they come across as completely spineless. They act as though being liberal IS something to be ashamed of rather than a point of pride.

I absolutely agree with you that this is an issue for the courts. Here's what I had to say on this earlier today. -

I believe that is what will happen (that questions re gay marriage will be decided by taking heterosexual judicial precedents into consideration) specifically, that the issue will wind up being decided by the SCOTUS, probably using the precedent set by Loving vs. VA, and based on the equal protection clause in the 14th amendment.

If the Bushites weren't completely aware that the SCOTUS will wind up having to rule that way, they would never have said they would support such a ridiculous proposal as a Marriage Discrimination Amendment. They did consult legal scholars before making that decision, and I'm sure they were told that restricting marriage rights to heterosexuals will wind up being ruled unconstitutional.

There are plenty of states that will continue to discriminate for decades to come if allowed to, just as there are states that never would have legalized interracial marriage. Because of that, this will wind up decided on the national level, just as other civil rights cases have been.

This related thread is at http://www.democraticunderground.com/discuss/duboard.ph...


Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Tue Oct 21st 2014, 03:38 PM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion (Through 2005) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC