The Pennsylvania Progressive

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Wednesday, July 26, 2006

The Moniker of "Activist Judge"

If you think that the title of "Activist Judge" hasn't scared the shit out of judges around the country let me clue you in.

Today the Washington State Supreme Court ruled that gay and lesbian couples do NOT have the right to marry. As part of their opinion the judges said this:

It is important to note that the court’s role is limited to determining the constitutionality of DOMA and that our decision is not based on an independent determination of what we believe the law should be.

This statement makes it VERY clear that these judges were actually thinking about being labled as "activist judges" which is exactly what the nut-ball right would have called them had they ruled the other way.

Excuse but isn't it the role of a judge to determine what the law actually says? So much for equal protection clauses, so much for due process, so much for representation in exchange for taxation.

Section 1 of the 14th Amendment:

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

This section of the 14th Amendment to the FEDERAL Constitution is meaningless to gay and lesbian citizens and is becoming more and more meaningless to the rest of Americans. Certainly precious few Americans care enough about it to make sure that it's enforced for ALL Americans.

That being the case, we should stop deluding ourselves and repeal Section 1 of Amendment 14.

Raven