middleagedgamer
DP Veteran
- Joined
- Jan 22, 2008
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How, exactly, does favoring gay rights constitute judicial activism?
Seriously, when a judge rules a gay discrimination law unconstitutional, they do so because the law typically has no purpose but to discriminate.
People who oppose "judicial activism" typically contrast it with "judicial restraint." They prefer judges to exercise judicial restraint, and, to exercise judicial restraint, judges typically employ rational basis review in their decisions.
However, even rational basis review is insufficient to keep gay discrimination laws in place, as has been demonstrated on many occasions. Lawrence v. Texas, Romer v. Evans, and, now, Gill v. Office of Personnel Management, just to name a few.
Seriously, where do conservatives get the idea that judges who refuse to align themselves with the Homophobic Agenda are merely "judicial activists?" Did it ever occur to these people that maybe, just maybe, they're the ones who are wrong, and that gay discrimination is unconstitutional?
Seriously, when a judge rules a gay discrimination law unconstitutional, they do so because the law typically has no purpose but to discriminate.
People who oppose "judicial activism" typically contrast it with "judicial restraint." They prefer judges to exercise judicial restraint, and, to exercise judicial restraint, judges typically employ rational basis review in their decisions.
However, even rational basis review is insufficient to keep gay discrimination laws in place, as has been demonstrated on many occasions. Lawrence v. Texas, Romer v. Evans, and, now, Gill v. Office of Personnel Management, just to name a few.
Seriously, where do conservatives get the idea that judges who refuse to align themselves with the Homophobic Agenda are merely "judicial activists?" Did it ever occur to these people that maybe, just maybe, they're the ones who are wrong, and that gay discrimination is unconstitutional?