« Altercation in Seattle | Main | Iran and the CIA »

February 18, 2004
Sound Familiar?

People who argue that so-called "activist" judges (I'm looking at you, Mr. President) are forcing their own liberal definition of marriage on the people, in opposition to the people's wishes, often cite polls showing majorities disapproving of homosexual unions.

Try this one out, ya bastards:
In 1958, nine years before the Supreme Court ruled miscegenation laws unconstitutional, a Gallup poll showed that 94% of whites opposed marriages between blacks and whites. Nine years later, more than 15 states still had laws outlawing mixed race marriages. Alabama just took its off the books in the past year (though it was unenforceable since the 1967 ruling).

The point is, public opinion is not the key here. If the public opinion is that homosexuals should be discriminated against, then the public is wrong. If we had to wait for the dominant opinion to catch up, we wouldn't get very far. In cases like this, it is perfectly appropriate, and necessary, for our courts to show the people what is right.

(source of miscegenation law info: http://www.pbs.org/weblab/lovestories/digdeeper/pressinfo6.shtml)

Comments

Previous Comments

You said: "The point is, public opinion is not the key here."

So, are we not a democracy anymore?

Jacob,

Of course we are a democracy (well, a Democratic Republic, anyway). I said it's not the key HERE.

My point is that our system is not one in which we allow the general opinion of the public, in this case largely their TASTE, to determine who should and should not be protected by our laws.

Exactly as was the case with miscegenation laws, the public in this case is wrong. It is the job of the courts to enforce the Constitution and the equal protection clause, regardless of public opinion polls.

If the public vehemently supports this type of discrimination, then they do have a recourse; they can amend the Constitution. Thankfully, this is a very difficult thing to do, as it should be.