can you cite an example of a ruling which appears to be judicial fiat? all of the decisions which i have reviewed have been carefully crafted and coherent, far from being arbitrary. your point is well made that civil rights are rarely obtained through popular vote. this has always been so in the US.
On the California experience, as Cornell Law Professor William Jacobson aptly summarized the case: “The Court used a bootstrap argument that since there was a prior right to samesex marriage (based on a California Supreme Court decision which gave rise to Prop. 8 ) — the taking away of that right without justification violated the 14th Amendment.”
The Ninth Circuit opinion: “It suffices to conclude that the People of California may not, consistent with the Federal Constitution, add to their state constitution a provision that has no more practical effect than to strip gays and lesbians of their right to use the official designation that the State and society give to committed relationships, thereby adversely affecting the status and dignity of the members of a disfavored class.” This is a troublesome passage. The Ninth Circuit equates a ruling by the California Supreme Court with “the State and society giv[ing] to committed relationships” the designation of marriage. But the judiciary is not the representative of the State and Society. To turn a Supreme Court into the representatives of “Society” itself makes the elementary mistake of confounding the roles of the judiciary with the elected representatives of society in the legislature and popularly voted initiatives. It is the latter which most obviously is the true representative of the state of society and sentiments of State government. The Supreme Court of California ruling allowing gays to wed overturned what had before then been Proposition 22 which by an overwhelming popular vote made it statutory law that marriage was to be between a man and woman. Only a few months after this California Supreme Court ruling in 2008, the people once again affirmed that marriage was between a man and woman and by the popularly voted upon amendment to the California Constitution known as Proposition 8 overturned their Supreme Court’s ruling. The Ninth Circuit now therefore essentially rules that judicial fiat is truly supreme, and for the people to legitimately and legally oveturn a right newly invented by the judiciary is nothing short of “animus” that cannot stand. The judicial arrogance of the Ninth Circuit is boundless, exceeding even the California Supreme Court which later itself upheld Proposition 8 as a legitimate and legal amendment to California’s Constitution. To reason that once the judiciary invents a right out of thin air the people have no remedy and cannot oveturn it without the judiciary declaring the action void is a subversion of our system of laws.
As to your comment on civil rights. it is another grab by pro-gays for an inapplicable category to further their agenda.
Gay ‘marriage’ is not a civil right and the arguments have been much covered as well in this forum. To streamline discussion to the OP, please do the favor of helping yourself to reading them in the big volume of posts and threads on the subject via the site search function. Or, on the web, if you so please.
… and yet, nobody has pointed to any interest which the government has in this matter. So, how can the discrimination not be considered “unjust”.
it is nearly a truism that laws never seem to change fast enough for those who feel discriminated against, and that they also change too rapidly for those who resist social progress. we have seen this repeatedly.
The interest of the government is to serve its citizens, not for those in it to have separate or special interests from the citizenry, to ensure that laws promote the common good. The application of some form of discrimination in civil laws (and criminal, as well) is in fact necessary.
The poster to whom I replied has been a long time forum member who repeats his disagreements with the position of faithful Catholics members on gay ‘marriage.’ And he gets the same answers which he apparently just sets aside. He is familiar with the definition of justice and injustice as we use it.
Those insisting for gay ‘marriage’ to be enshrined in law everywhere have not made convincing arguments that it serves a public and common social interest. Attainment of personal happiness? No question.
I take exception to the inference you make that those who do not approve of gay ‘marriage’ resist social progress. It would seem that you, like him, use a different measure of social progress. There is another ongoing thread on the social consequence of gay ‘marriage’ among other active threads on top of those on inactive or archived status. I entreat you to read or peruse a sampling of arguments, both religious and secular, against gay ‘marriage.’
,