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comment by thenewgreen
thenewgreen  ·  3461 days ago  ·  link  ·    ·  parent  ·  post: Change is gonna come | The Economist

    despite clear public support for doing so
This is wrong.

The latest polling showed that 63% of Americans support same sex marriage equality. This number is rising year over year at a pretty good clip too.





Ezana  ·  3460 days ago  ·  link  ·  

I must have poorly phrased that sentence. I meant to say that yes, there is indeed popular support for gay marriage, which is great. But if the people clear support a policy change, then that policy change should be enacted at the legislative level according to our constitution. Policy-making shouldn't happen through the judiciary in a healthy democracy. Unfortunately, in my eyes, and in that of many conservative lawmakers (I suspect), this decision sets a precedent which legitimizing future judicial law-making. The majority opinion sounded great but, to my reading, was not grounded in a sound interpretation of the constitution. My concern is that the same pattern of reasoning employed by this majority could be used by a future majority to do something you and I would both find disturbing.