Wednesday, August 4, 2010

The Most Egregious Case of Judicial Activism Since Roe v. Wade

A travesty.  An absolute travesty.

After teasing and torturing the Constitution for 138 pages, Judge Vaughn Walker finally reached  the conclusion  that same sex marriage is guaranteed under the federal constitution.  Really?  I've read the Constitution a couple times and found nothing like that..  What did I miss?

To summarize the decision, the judge found that there was "no legitimate state interest" in banning same sex marriage and that the state was doing nothing more than legislating a moral view.  For those of you playing at home, the "legitimate state interest" standard is the lowest standard of judicial review and is extremely easily met.  Clearly, it was met on the facts before the court.

Thankfully, this is only one step in a long judicial journey.  Just like the Arizona immigration case and Cuccinelli's suit against Obamacare, we're early on in the proceedings and at least one more court will review each decsion.  But, boy, this sure has been one bad week for good jurisprudence. 

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