Defense of Marriage Act 'Struck Down 5-4' By Supreme Court
Defense of Marriage Act 'Struck Down 5-4' By Supreme Court
"We have no power to invalidate his democratically elected legislation."
Um, really Justice Scalia? I'm pretty sure there's a lot of precedent for the Supreme Court deeming things unconstitutional. Removing that power wouldn't put the branches in balance, like he seems to think, it would make the Supreme Court powerless.
Originally posted by Symmetric Chaos
"We have no power to invalidate his democratically elected legislation."Um, really Justice Scalia? I'm pretty sure there's a lot of precedent for the Supreme Court deeming things unconstitutional. Removing that power wouldn't put the branches in balance, like he seems to think, it would make the Supreme Court powerless.
I think he forgot that the US Government was founded on the notion of certain "inalienable rights". That's a pretty damn important function for the "interpreting the law" branch of the government.
Originally posted by Robtard
Most people will look back at this like most people now look back on the anti-miscegenation laws and think "wtf was wrong with people".
I think we'll look back on it and think of it as a stepping stone to a more complex and robust legal social system. I think the concept of "marriage" is on its way out.
Originally posted by dadudemon
I think he forgot that the US Government was founded on the notion of certain "inalienable rights". That's a pretty damn important function for the "interpreting the law" branch of the government.
I suspect its based on the "originalist" view that conservatives have been taking in the last twenty years, since the power of judicial review is not in the constitution. Of course, neither are check-and-balances.
Originally posted by Cyner
Prop 8 should not have been dismissed, if it was dismissed because the defense lacked standing, then how the heck did it get an appeal in the first place?
so is it that you are upset gay people are allowed to marry, or do you have a legitimate grievance with court procedure?
It's stupid that the court can just dismiss something because the state is too lazy to defend it. Prop 8 was voted on twice, with the same result.
I don't care if gays get married as long as it doesn't intrude on religious liberties, such as being able to choose to not marry gay couples in a church. I still greatly dislike homosexuality and the propaganda associated, but those are still people, people who deserve justice. Even if I don't like them.
(meanwhile my best friend is gay, lel)