Friday, August 31, 2007

Obligatory gay marriage/activist judges post

I am completely ambivalent about gay marriage -- frankly, I just don't really care all that much. (now a gay divorce should be interesting). Protein wisdom's take on the ruling in Iowa, where a judge just declared Iowa's "defense of marriage act" unconstitutional and directed local authorities to issue marriage licenses to some gay couples, is an interesting read for the "con" side. I don't generally like "slippery slope" arguments, but it's a fair point to consider.

Also, doesn't the whole issue of who can marry whom get down to a three-party contractual relationship between the marrying couple and the state? What I mean is that people are free to marry anyone they want, in whatever manner they want, but the marriage itself is not a "marriage" in the sense of a legal, as opposed to emotional, obligation, until such time as the state places its stamp of approval on it? And isn't the proper body for such a stamp the legislative one? And if sexual orientation is not a suspect class, or if marriage is not a "fundamental right," why are courts involved at all? Discuss amongst yourselves. Keep in mind that there are no wrong answers here -- I am just curious.

1 comments:

CG2 said...

"Activist" judges struck down years of de jure segregation in cases that led to Brown v. Board of Education; an "activist" judge struck down Virginia's marriage law that outlawed interracial marriage leading to Loving v. Virginia where the Supreme Court declared such laws unconstitutional; an "activist" federal judge struck down the provision of the Virginia constitution that barred churches from incorporating in VA (in a lawsuit brought by the late Reverand Jerry Fallwell which wasn't even appealed to the 4th Circuit by then Attorney General Kilgore) ... a lawsuit brought after 1,000,000 Virginia voters had refused to pass an amendment to the constitution striking the restriction ... an amendment advocated unsuccessfully by ... you guessed right ... the late Reverand Jerry Fallwell.