Activist judges at again...

bry623 · 05-17-2006, 02:11 PM

I know it is a CNN link (hopefull y will post something from fox), but a judge in Georgia struck down the gay marriage law on a point of law. I hope my state doesn't have any dumbass judges who who countermand the mandate of 3/4 of the people.

yustr · 05-19-2006, 10:45 AM

Quote:

"There is no such thing as an activist judge," said FOX News senior judicial analyst Andrew Napolitano, who served as a New Jersey superior court judge from 1987 to 1995.

"An activist judge is one whose ruling you disagree with. And if you agree with what the judge has done, you call them heroic and intelligent and honest. If you disagree with them, you call them activists."

Full story HERE.

But that's not really the issue.

Read the ruling in GA again. It upheld the law in GA. It was the Legislature, who knew they were violating GA's Constitution, who are the activists (as they should be btw).

It is NOT the role of judges to support the "mandate of 3/4 of the people". That is what elected officials are for. Judges rule on points of law. And if the "mandate" is contrary to law, the Judge must rule.

Least we forget: a basic tennant of Democracy is that laws protect the minority FROM the majority.

Prior to the 1960's it was illegal for whites and blacks to marry (among other things) in many States. That was the will of the people. The SCOTUS said basically that it doesn't matter what the majority want, its against the equal protection clause to allow that practise to continue. If left to legislatures alone do you really suppose the civil rights movement would have succeeded?

05-17-2006, 02:11 PM	#1 (permalink)
bry623 Manager, The Conversation Pit/Analyst, Security Team Join Date: Apr 2002 Location: NW Territory circa 1787 Posts: 11,692 OS: winxp pro sp2	Activist judges at again... I know it is a CNN link (hopefull y will post something from fox), but a judge in Georgia struck down the gay marriage law on a point of law. I hope my state doesn't have any dumbass judges who who countermand the mandate of 3/4 of the people. __________________ "If you aren't a liberal when you're 20, you have no heart. If you aren't a conservative when you are 50, you have no brain"