Robbie George:
We are in the midst of a showdown over the legal definition of marriage. Though some state courts have interfered, the battle is mainly being fought in referenda around the country, where “same-sex marriage” has uniformly been rejected, and in legislatures, where some states have adopted it. It’s a raucous battle, but democracy is working.
Now the fight may head to the U.S. Supreme Court. Following California’s Proposition 8, which restored the historic definition of marriage in that state as the union of husband and wife, a federal lawsuit has been filed to invalidate traditional marriage laws.
It would be disastrous for the justices to do so. They would repeat the error in Roe v. Wade: namely, trying to remove a morally charged policy issue from the forums of democratic deliberation and resolve it according to their personal lights.
George compares the case to Roe, which is justifiably compared to Plessy. The "rule of law" will take another body-blow--and that has serious consequences.
SCOWI will face (sooner or later) two similar situations, mentioned by Patrick here.
One of them challenges the validity of Wisconsin's marriage amendment; the other challenges the Constitutionality of Doyle's "registry" program in light of that same amendment.
We need not repeat all the discussion about nature, 'rights,' and so forth.
But these decisions will have consequences.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment