Courts and Gay Marriage (Townhall.com) November 14, 2008Posted by daviddavenport in Radio Commentaries.
Voters in three states recently voted against same-sex marriage.
So why is this back in court again? Because we have allowed courts to reinvent themselves as agents of social change.
The founders expected courts to be the weakest of the branches of government, providing a check when the executive or legislative branches stepped out of bounds. But now courts take the initiative, becoming both the protagonist and the decision-maker. In both California and Massachusetts, same-sex marriage was initiated by a 1-judge majority.
A liberal friend of mine says he now believes society would have been better off if the political branches had decided abortion, not courts. It might have taken longer, he said, but there would have been a better acceptance of the outcome.
That is—or was supposed to be—the American way.