Jonathan Dresner: Doubletalk on Gay Marriage
Lisa Schiffren ("How the Judges Forced the President's Hand," 2/29) is rehashing arguments which went out of style forty years ago, when miscegenation --"race-mixing" marriages -- were being challenged. Laws against miscegenation were popular and widespread. Race separation was"fundamental" to American society. And yet it was, as the bans on gay marriage are now, a fundamental injustice based on an atavistic, vestigial distaste, on private concerns that have no place in public law.
And the invocation of"activist" judges is doubletalk of the finest kind.
Judges, particularly federal judges, have a dual role: application of
the law and interpretation of the law. In the latter role judges must
sometimes apply law to situations unforeseen by the authors, or balance
competing rights and legal mandates, and by their decisions create
precedents and principles. This"activism" is integral to the role of
the judiciary as a coequal branch of government.
Jonathan Dresner, Ph.D.
Assistant Professor of East Asian History University of Hawai'i at Hilo http://www.uhh.hawaii.edu/~dresner
comments powered by Disqus
- ISIS is destroying both Shia and Sunni shrines and buildings in Mosul
- Study: Violent radicalism in UK isn't associated with poverty
- CONFIRMED: the Shrine of Jonah/Mosque of Yunus (Nineveh, Mosul, Iraq) has been destroyed
- Chinese President Xi Jinping: Nobody can change history
- Iraq’s Long-Lost Mythical Temple Has Been Found…and Is In Danger of Disappearing Again
- Historian who calls bull&%$@ on July 4th parade causes controversy
- This is what motivated history students in high school and middle school can do!
- Obama to award National Humanities Medals to 3 historians
- Historian Curt Gentry, known for Hoover biography and ‘Helter Skelter,’ dies at 83
- Harvard historian: strategy of climate science denial groups 'extremely successful'