On Overturning Prop 8

The judge — who is gay and should have recused himself — justified his ruling in part by noting that no “demonstrated harm as a result” of same-sex marriage could be shown, which could have made blocking it justified. This is undoubtedly true but also astonishingly irrelevant. The law could conceivably require that everyone wear a wizard’s hat every Saturday at 6 PM; the point is not that it is “good” or can be demonstrated to be “harmful,” but whether it violates any existing protections.

The more serious argument, then, is that Proposition 8 violates the equal protection clause of the 14th Amendment — which has been abused to justify everything from affirmative action to tax increases. The judge wrote that “gender no longer forms an essential part of marriage” and that it is not a component of it that can be taken into account when defining it under the law. I happen to agree with him, but that’s something to tell to a legislature or the citizenry, not to a judge, who is there only to decide whether everything is being enacted according to an enumerated process. Californians are entitled to decide for themselves what’s essential to marriage.

And that’s what’s at the bottom of this: justice, properly understood, is a process, not a result. The law is not there to bend and bash until you get what you want from it. In a free and ordered society, we simply have to resign ourselves to the fact that the legislature is sometimes wrong and that the culture is sometimes a bit off. If your interpretation of the Constitution just so happens to align with all of your political views, you’re probably interpreting it wrongly. I want to see same-sex marriage enacted in the United States. But I want it to be done lawfully and orderly, not by judges who think it’s their job to save the world rather than to follow the law.

More here.

18 Responses to “On Overturning Prop 8”

  • The judge — who is gay and should have recused himself —

    That’s as far as I read. As a straight man I didn’t feel like I could judge fairly the arguments in the case, so I recused myself.

  • He devoted an entire show to Garcinia where he and guest scientist Dr.
    Julie Cheng described the science behind Garcinia Cambogia.

    Also visit my blog post garcinia cambogia extract gnc australia (Edwina)

  • As well as Vilas Region sellers have all the clothing as well
    as treking gear you’ll need for a hiking journey.

  • The local Atlanta location has several treking routes
    that equivalent the adventure on the wonderful treking routes in the North Georgia hills.

  • The neighborhood Atlanta location has numerous treking tracks that
    equivalent the journey on the great treking paths
    in the North Georgia hills.

  • WOW just what I was searching for. Came here by searching for Pennisetum cenchroides

  • I’d like to find out more? I’d love to find out some additional information.

  • WOW just what I was searching for. Came here by searching for wedding photographer

  • Wonderful blog! I found it while searching on Yahoo News.
    Do you have any tips on how to get listed in Yahoo News? I’ve been trying for a
    while but I never seem to get there! Appreciate it

  • Hi! I know this is kinda off topic however , I’d figured I’d ask.
    Would you be interested in exchanging links or maybe guest
    authoring a blog post or vice-versa? My website addresses
    a lot of the same topics as yours and I think we could greatly benefit from each other.

    If you happen to be interested feel free to send me an email.
    I look forward to hearing from you! Terrific
    blog by the way!

  • Hey! Do you know if they make any plugins to safeguard against hackers?
    I’m kinda paranoid about losing everything I’ve worked hard on. Any suggestions?

  • Hello to every , since I am truly eager of reading this weblog’s post to be updated
    on a regular basis. It consists of pleasant stuff.

  • It is appropriate time to make some plans for the longer term and it’s time to
    be happy. I’ve learn this post and if I may just I want to recommend you some interesting things or suggestions.
    Maybe you could write subsequent articles referring to this article.
    I want to read even more issues approximately it!

  • XYTFCH gvocsiwketuu, [url=http://pkrmvqkorfrk.com/]pkrmvqkorfrk[/url], [link=http://zfufetjathes.com/]zfufetjathes[/link], http://luhxrbxxjkmh.com/

  • Very good information. Lucky me I found your blog by accident (stumbleupon).
    I’ve book marked it for later!

  • Hello there! I know this is kinda off topic but I was wondering which blog platform are you using
    for this website? I’m getting tired of WordPress because
    I’ve had issues with hackers and I’m looking at options for another platform.
    I would be fantastic if you could point me in the direction of a good platform.

  • Hi there colleagues, how is everything, and what you desire to say on the topic of this
    article, in my view its really amazing for me.

  • Your style is really unique compared to other people I’ve
    read stuff from. Thank you for posting when you’ve got the opportunity, Guess I’ll just bookmark this blog.

Leave a Reply