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All that is happening is that unelected men in black robes are imposing their own personal opinions in some states and overruling the clear will of the people in those states.
When you find that more states allow gay marriage due to judicial tyranny rather than legislative action, then there is a problem.
As a side note, I find it interesting (and very pleasant from the perspective of morality) that gay sex/sodomy was illegal in some U.S. states all of the way up to 2003, whereas just a little more than a decade later, we might literally be on the verge of seeing gay marriage be legalized throughout the entire U.S.
It is indeed interesting, the speed with which this has occurred, not just in issues of legality but in terms of a cultural paradigm shift.
My guess is that it is simply a result of gays coming out in ever-greater numbers. Much of the irrational fear and loathing of gays is based on repulsive caricatures that have little semblance to reality. Once gays started coming out, really in the 1950s with the Beat Generation, then a little more in the upheavals of the 1960s, and then Stonewall - the demystification began. People began to realize that gays were just their uncles and aunts, the men and women next door or in the next cubicle over at work, their children and their friends and people that were just like themselves, except for their sexual attraction. This increasingly encouraged more gays to come out, which changed more people's minds - a classic case of positive feedback, in which the pace of change accelerates continually.
Once the Loving decision was issued in 1967, the precedent was there for these decisions being issued now. But the courts, being loathe to move so dramatically against public opinion, have waited for almost half a century to really begin to apply the legal precedence set in Loving. If there's any such things as judicial activism, that is it. This irony is, of course, lost on those who go on and on about 'judicial activism' - which they almost always merely define as 'decisions I don't like!'.
It is indeed interesting, the speed with which this has occurred, not just in issues of legality but in terms of a cultural paradigm shift.
My guess is that it is simply a result of gays coming out in ever-greater numbers. Much of the irrational fear and loathing of gays is based on repulsive caricatures that have little semblance to reality. Once gays started coming out, really in the 1950s with the Beat Generation, then a little more in the upheavals of the 1960s, and then Stonewall - the demystification began. People began to realize that gays were just their uncles and aunts, the men and women next door or in the next cubicle over at work, their children and their friends and people that were just like themselves, except for their sexual attraction. This increasingly encouraged more gays to come out, which changed more people's minds - a classic case of positive feedback, in which the pace of change accelerates continually.
Once the Loving decision was issued in 1967, the precedent was there for these decisions being issued now. But the courts, being loathe to move so dramatically against public opinion, have waited for almost half a century to really begin to apply the legal precedence set in Loving. If there's any such things as judicial activism, that is it. This irony is, of course, lost on those who go on and on about 'judicial activism' - which they almost always merely define as 'decisions I don't like!'.
Yes, I agree that gays coming out in ever-greater numbers might certainly be a large reason for why this shift is occurring over time. That said, the Internet might also help in regards to this, since individuals are now much more likely to interact with openly gay people than they were before. In addition, I would not be surprised if the very gradual decline in religion might also be a reason for this shift. After all, once people lose their faith or even simply stop taking their religious books so seriously and literally, then some of these people might become much more open to listening to pro-gay marriage arguments and to accepting these arguments and thus becoming pro-gay marriage.
Also, in regards to judicial activism, I find it interesting that AFAIK, all of the way until the early 20th century, the conservative/right-wing U.S. Supreme Court Justices were being the "activist" ones. For instance, a right-wing U.S. SC struck down Woodrow Wilson's ban on child labor in the United States. To my knowledge, it was only in the last several decades that liberal/left-wing U.S. Supreme Court Justices became the "activist" ones.
Yes, I agree that gays coming out in ever-greater numbers might certainly be a large reason for why this shift is occurring over time. That said, the Internet might also help in regards to this, since individuals are now much more likely to interact with openly gay people than they were before. In addition, I would not be surprised if the very gradual decline in religion might also be a reason for this shift. After all, once people lose their faith or even simply stop taking their religious books so seriously and literally, then some of these people might become much more open to listening to pro-gay marriage arguments and to accepting these arguments and thus becoming pro-gay marriage.
Ironically, I think the extremist behaviour and clear ignorance and vicious animus towards gay and lesbian people demonstrated by religiously conservative anti-gay 'crusaders', has also helped speed up social acceptance of gay and lesbian people by more moderate rational people who would otherwise not particularly care.
Ironically, I think the extremist behaviour and clear ignorance and vicious animus towards gay and lesbian people demonstrated by religiously conservative anti-gay 'crusaders', has also helped speed up social acceptance of gay and lesbian people by more moderate rational people who would otherwise not particularly care.
You could be right in regards to this.
Of course, I think that the reasons listed above might have been greater factors than this in leading for greater public support for legalizing gay sex/"sodomy" and gay marriage.
All that is happening is that unelected men in black robes are imposing their own personal opinions in some states and overruling the clear will of the people in those states.
When you find that more states allow gay marriage due to judicial tyranny rather than legislative action, then there is a problem.
So when judges overturned laws on segregation passed by the duly elected representatives of numerous southern states that was judicial tyranny? The fact is the people can not pass unconstitutional laws.
So when judges overturned laws on segregation passed by the duly elected representatives of numerous southern states that was judicial tyranny? The fact is the people can not pass unconstitutional laws.
I am predicting that Harrier will argue that these laws passed in the South were invalid because most Blacks back then couldn't vote in the South.
Good deal from Michigan. Marriage Equality is on the way.
Funny how this is "unconstitutional legislating" in the minds of those who don't agree with his statement. Sorry, Harrier, you don't speak for the people.
Good deal from Michigan. Marriage Equality is on the way.
Funny how this is "unconstitutional legislating" in the minds of those who don't agree with his statement. Sorry, Harrier, you don't speak for the people.
I don't know who Harrier is, but the judge in this case didn't speak for the people of Michigan, nor have other judges spoken for the people in states that banned ssm. The judges over the years set up a convoluted judicial framework to overrule elected officials, and substitute their personal opinions disguised as legal decisions.
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