Jonathan Rauch misses the point of all those gay marriage referendums. He goes on and on about how courts should trim this or that, and how likely they are to succeed in shifting this referendum or that. The entire point of the referendums was to take them out of the courts and put them smack into the political process. Any court action is going to brew up harsher responses on the order of "and this time, we mean it" circumscribing court powers more and more, every time there's a new bit of judicial overreach.
Whatever you think about marriage, courts are simply not the place for hashing it out. I think that Rauch is wrong on the merits of gay marriage but he's even worse on the question of courts settling the issue. The courts overreach in a lot of areas. Marriage is one of the worst.
Posted by TMLutas at December 28, 2004 11:24 AM