This is not the happy "WHEE SPRING BREAK" post you are looking for.
So today the Iowa Supreme Court legalized gay marriage. (Or they struck down a gay marriage ban, I should really say--but I'll get to that later.)
Naturally (AS ANYONE WHO KNOWS ANYTHING ABOUT ME CAN PROBABLY GUESS) I'm happy about this. And surprised--I really didn't see it coming. And I'm really glad this day came, and for all the couples who are finally getting something they should have had all along.
But that's not really what I wanted to talk about.
From here:
This. Is. Bullshit.
The Iowa supreme court did not decide that "the Iowa legislature should grant same sex marriage." They decided that an existing law--the one banning gay marriage--was unconstitutional and needed to be done away with.
To intervene when the rights of their citizens are being threatened, to say "no, you can't do this; this is wrong"--that is the courts' historic privilege and right. And that's exactly what these judges did today. It's not "legislating from the bench" or whatever the fuck you want to call it. It's performing the role they were appointed for. And if you don't like it? You're perfectly free to try and get the constitution changed. Abolish the courts. Kill judicial review. Go ahead and propose that--but I suspect you won't get very far.
Because you know what? The courts are there for a reason. Time after time, they've come down on the side of the underprivileged, the underrepresented, often before anyone else, often against public opinion. It's not about "overturning public opinion." You cannot run a government based on the majority thinks, because the government is not just for protecting the majority.
That's why the courts exist: to protect the rights of the minority. Otherwise "public opinion" would walk all over them.
Just like they're doing now.
PS: all of you people going "the Constitution doesn't protect the right to marry whoever you want!!": GO THE FUCK BACK TO HIGH SCHOOL SOCIAL STUDIES CLASS. The Ninth Amendment, fuckers. Ever heard of it? Or the Fourteenth, for that matter.
PPS: "gay marriage Mecca"? Seriously? What are these people smoking?
Edited to include a link to some Iowa Supreme Court decisions, since we ARE talking about them here and they have a pretty awesome civil rights record. Also read their decision (or the summary thereof) on this case if you have time, guys, they said everything I did here only...better. XD
Naturally (AS ANYONE WHO KNOWS ANYTHING ABOUT ME CAN PROBABLY GUESS) I'm happy about this. And surprised--I really didn't see it coming. And I'm really glad this day came, and for all the couples who are finally getting something they should have had all along.
But that's not really what I wanted to talk about.
From here:
This is an unconstitutional ruling and another example of activist judges molding the Constitution to achieve their personal political ends. Iowa law says that marriage is between one man and one woman. If judges believe the Iowa legislature should grant same sex marriage, they should resign from their positions and run for office, not legislate from the bench.
This. Is. Bullshit.
The Iowa supreme court did not decide that "the Iowa legislature should grant same sex marriage." They decided that an existing law--the one banning gay marriage--was unconstitutional and needed to be done away with.
To intervene when the rights of their citizens are being threatened, to say "no, you can't do this; this is wrong"--that is the courts' historic privilege and right. And that's exactly what these judges did today. It's not "legislating from the bench" or whatever the fuck you want to call it. It's performing the role they were appointed for. And if you don't like it? You're perfectly free to try and get the constitution changed. Abolish the courts. Kill judicial review. Go ahead and propose that--but I suspect you won't get very far.
Because you know what? The courts are there for a reason. Time after time, they've come down on the side of the underprivileged, the underrepresented, often before anyone else, often against public opinion. It's not about "overturning public opinion." You cannot run a government based on the majority thinks, because the government is not just for protecting the majority.
That's why the courts exist: to protect the rights of the minority. Otherwise "public opinion" would walk all over them.
Just like they're doing now.
PS: all of you people going "the Constitution doesn't protect the right to marry whoever you want!!": GO THE FUCK BACK TO HIGH SCHOOL SOCIAL STUDIES CLASS. The Ninth Amendment, fuckers. Ever heard of it? Or the Fourteenth, for that matter.
PPS: "gay marriage Mecca"? Seriously? What are these people smoking?
Edited to include a link to some Iowa Supreme Court decisions, since we ARE talking about them here and they have a pretty awesome civil rights record. Also read their decision (or the summary thereof) on this case if you have time, guys, they said everything I did here only...better. XD