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Friday, 18 July 2008



Gay rights are tenuous at best and do hang on the whim of society. The travesty here, I believe, is not that the supreme court allowed the ballot initiative, but rather that a constitutional amendment is so easy to adopt. The supreme court justices, contrary to what many people say, do not rely on opinions to render a decision. They must rely on the constitution. Now, of course, opinion can dictate how they interpret said constitution. It's very wishy-washy. Those who dissented in the Lawrence v. Texas ruling (which made anti-sodomy laws unconstitutional) were doing so based on their interpretation of the constitution. They found that there was no inherent right to privacy. Thomas even said that he thinks sodomy laws are bad, and would himself work against them in the legislatures and ballot box, but he couldn't find a constitutional basis for overturning them, or allowing them to be passed by lawmakers. Scary how flimsy our rights really are. As George Carlin said, rights are an illusion. We have no rights, only privileges.

We are just lucky that society has progressed enough that more justices side with personal liberty. This may not always be the case (hence even though I think midwestern militia-types are insane, sometimes I think that they have the right idea). Anyone even thinking of voting for McCain should reconsider, given that he has said that he will nominate justices of the Scalia type. Scalia dissented in Lawrence.

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