Welcome to Liberty Just in Case

Glad you stopped by. Take a look around, and let me know what you think, either through a comment or by email.

Tuesday, February 08, 2005

Same Sex Marriage and Judges

This article by James Taranto puts the cotroversy in perspective. Very much worth reading to get a different view on the legality of same sex marriage. Again, I'm still on the fence, but Mr. Taranto's arguments are logical, and express the concerns of many. Here's the final part:
Abortion and same-sex marriage, by contrast, do spark strong opposition, but not on privacy grounds. Abortion opponents argue that life before birth is worthy of legal protection, while the case against same-sex marriage is that it confers public approval on gay relationships--approval the New York and Massachusetts courts have given without public consent.

When judges find rights in hidden constitutional meanings, they run a twofold risk. If they limit those rights, striking balances and compromises between such competing values as privacy vs. life or privacy vs. morality, they act as politicians, only without democratic accountability. The alternative, to let those rights expand without limit, seems more principled and thus is more appealing. But it ignores democracy's most important principle of all: the right of the people to govern themselves.

No comments:

Post a Comment