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Judicial Activism at its Worst (Townhall.com) July 10, 2013

Posted by daviddavenport in Radio Commentaries.

The Supreme Court’s opinions on same sex marriage were troubling in several respects, especially the basis on which the 5-4 majority overturned the federal Defense of Marriage Act.

With the stew Justice Anthony Kennedy cooked up to test its constitutionality, the Court had to find that Congress and the President were motivated by a bad animus or purpose in passing the Act. The Supreme Court, in effect, said that 342 members of the House, 85 members of the Senate and President Bill Clinton were bigoted to pass and sign that Bill.

Besides being self-righteous, the Court ignored the Senate sponsor’s own statement of purpose. DOMA’s advocates were explicit: states were free to recognize gay marriage, but the bill would make sure the other 49 states and the federal government would not be required to follow suit.

This was judicial activism at its worst.

Link to Townhall audio: http://townhall.com/talkradio/dailycommentary/675360

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