09 Aug '10 15:54>1 edit
No1marauder has frequently compared the Prop 8 decision to Loving v. Virginia and other similar cases that allowed interracial marriage.
Charles Krauthammer thinks the best comparison to this decision is Roe v. Wade, where by the Supreme Court, by purporting to cut off democratic debate on the issue, arguably provoked a backlash that might be fueling anti-abortion sentiment to this day.
http://www.realclearpolitics.com/video/2010/08/06/krauthammer_prop_8_ruling_will_go_to_supreme_court.html
Which comparison is better? Should the courts simply allow the political process to play itself out? If it does so, you'll certainly see gay marriage pass in blue states like California within the next 5-10 years anyway. Or is it the responsibility of the courts to spearhead social change, even at the cost of provoking a backlash?
Charles Krauthammer thinks the best comparison to this decision is Roe v. Wade, where by the Supreme Court, by purporting to cut off democratic debate on the issue, arguably provoked a backlash that might be fueling anti-abortion sentiment to this day.
http://www.realclearpolitics.com/video/2010/08/06/krauthammer_prop_8_ruling_will_go_to_supreme_court.html
Which comparison is better? Should the courts simply allow the political process to play itself out? If it does so, you'll certainly see gay marriage pass in blue states like California within the next 5-10 years anyway. Or is it the responsibility of the courts to spearhead social change, even at the cost of provoking a backlash?