Posted by
Defend America on Tuesday, August 04, 2009 7:07:58 AM
Gay Marriage, Democracy, and the Courts
The culture war will never end if judges invalidate the choices of voters.
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.
Even many supporters of legal abortion now consider Roe a
mistake. Lacking any basis in the text, logic or original understanding
of the Constitution, the decision became a symbol of the judicial
usurpation of authority vested in the people and their representatives.
It sent the message that judges need not be impartial umpires—as both
John Roberts and Sonia Sotomayor say they should be—but that judges can
impose their policy preferences under the pretext of enforcing
constitutional guarantees.
By short-circuiting the democratic process, Roe inflamed
the culture war that has divided our nation and polarized our politics.
Abortion, which the Court purported to settle in 1973, remains the most
unsettled issue in American politics—and the most unsettling. Another Roe would deepen the culture war and prolong it indefinitely.
http://online.wsj.com/article/SB10001424052970204619004574322084279548434.html#articleTabs%3Darticle