We think it is time to stop the courts from making our laws. That’s why we elect a representative government. The ripple effect of letting the current court ruling legalizing gay marriage stand will be endless lawsuits, especially regarding tax-exempt status for churches and educational institutions.If I were more mature, I could write several law review comments on all the things that are wrong about these three sentences. Instead, I'll do this my way.
We think it is time to stop the courts from making our laws.The Supreme Court upheld the decision under due process and equal protection law. Other examples of courts "making our laws" under these doctrines include:
- Skinner v. Oklahoma, 1942, preventing the forced sterilization of a robber
- Brown v. Board of Education, 1954, desegregating public schools
- Griswold v. Connecticut, 1965, allowing married people to use contraception
- Loving v. Virginia, 1967, striking down bans on interracial marriage
- Roe v. Wade, 1973, and Planned Parenthood v. Casey, 1992, protecting women's right to reproductive autonomy
Obviously, it is time to put a stop to this nonsense.
That’s why we elect a representative government.The California State legislature has voted twice to allow same-sex marriage. The governor vetoed the bills both times, saying he would prefer the courts to sort out the constitutional issues. The proposal that the Town Crier is endorsing circumvents representative government by asking the entire electorate to amend the Constitution in a way that would eliminate certain due process and equal protection rights for one group of people.
The ripple effect of letting the current court ruling legalizing gay marriage stand will be endless lawsuits,It was not the gays who brought the original lawsuit; and, to repeat, they based their argument on due process and equal protection rights. Those are not the kinds of lawsuits we should fear.
especially regarding tax-exempt status for churches and educationalThis is a particularly obnoxious claim that basically threatens that churches and religious schools will illegally take political stances against the Constitutionally protected rights of gay people, and implies that the right itself is to blame, rather than the people consciously breaking the law.