GlynnHarper.com

Politics, Gay, Religious, Dream Analysis. World War II. Submarines. Naval Aviation. Episcopalian/Anglican, Annapolis graduate, veteran, published author: Novel A Perfect Peace: A war story)

Friday, June 27, 2003

What's wrong with the Courts' being involved in the culture war?
Remember the Civil Rights Movement?


The court has taken sides in the culture war,'' Justice Antonin Scalia wrote for himself and Chief Justice William H. Rehnquist and Justice Clarence Thomas, suggesting the ruling would invite laws allowing same-sex marriages.
It's not the first time that the courts have had to step in and protect the rights of a minority from the oppression of the majority: Remember that "local law and opinion" resisted giving full civil rights to Black Americans in the sixties. If the U.S. were ruled strictly by what the majority in local areas thought was best, we'd still have compulsory prayer in schools, and a great number of popular decisions that oppress a minority. The genious of liberal democracy is not the rule of the majority, but the protection of the rights of minorities. Why is that so hard for the right wing to understand? The principal certainly got lost among the right when the Supreme court ruled in Bush vs. Gore. Why wasn't the Florida Legislature allowed their constituional right to decide which delegation of electors would represent Florida? It wouldn't have changed Bush being declared winner, but it would have been constitutional.

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