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Married by the Judge



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 Three weeks ago, I wrote:

An institution that predates the United States by several millennia will be defined for a third of a billion people by whichever way Anthony Kennedy feels like swingin’ that morning. The universal deference to judicial supremacism is bizarre and unbecoming to a free people.

Paul Mirengoff says today over at Powerline:

The fact that the Supreme Court may be about to pass judgment on the age-old definition of marriage is the reductio ad absurdum of American constitutional jurisprudence. That we have reached this point tells us that the Supreme Court has taken some terribly wrong turns.

The fact that, until very recently, marriage has universally been deemed to require an opposite sex component doesn’t mean that this component must be required forevermore. But a decent appreciation of democracy, human history, and the fallibility of the individual means that nine glorified lawyers shouldn’t be the ones who make the change. Nor should they be in a position where they might make it.

Amen. And no court with any understanding of accountable government or constitutional propriety would go along with it. It may well be that the tide has turned, and the American people are cool with gay marriage. In that case, their elected representatives should enact it into law (as the House of Commons at Westminster recently did). But the spectacle of a nation agog waiting for a puff of smoke from Justice Kennedy to see which way he’s going to blow is ridiculous. Why not ask Punxsutawney Phil?



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