John Hinderaker, at Power Line, asks the question that has been completely absent from the major media’s/far left’s (pardon the redundancy) celebration of Friday’s 5-4gay marriage ruling:
What would you think if the Court had decided the opposite? That is, if the Court had held that same sex marriage is unconstitutional, so that all state laws approving such unions are void, and all court decisions establishing same sex marriage are overruled. Would you then think it appropriate for “five lawyers,” as Chief Justice Roberts put it, to remove this issue from the democratic process and purport to resolve it by judicial fiat?
I am pretty sure you wouldn’t. I am pretty sure that in the face of such a ruling, you would howl with outrage and insist that the issue of same sex marriage be determined by democratic processes.
The Supreme Court, due process, and separation of powers are wonderful things or obsolescent white elephants that need to be repealed, depending on whether the Supreme Court is ruling on gay rights, gun rights, abortion-rights or speech rationing.
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