Judicial Activism: Same Sex Marriage And The Aftermath Of Proposition 8
SUPREME COURT HEARING PROPOSITION 8 ARGUMENTS
Supreme Court announced that on March 5th, it would hear arguments regarding the constitutionality of Proposition 8 that reinstated a ban on same-sex marriage. The Court will also consider 18,000 same-sex marriages that occurred before the November election. Forty three activist groups have submitted written arguments and “friend of the court” briefs asking the Court to remove the ban. This is an usually quick response by the court, considering the deadline to send the briefs was only a month ago. While forty-three activist organizations and groups have argued against the ban, twenty organizations, including religious and legal groups, have argued in favor of the ban. The Court is responding to the social and cultural demand of the society questioning the ban reinstated on same-sex marriage.
The issue is more of a substantive legal question rather than a strictly legal issue that could be solved by adhering to precedent. It is a question of legal system and the laws changing with the society or society adhering to the vote of the majority. The controversy of the topic brings about arguments regarding values, the institution of marriage, freedom to love, and the evolution of our society as a whole. This is why and where as the highest court of the land, Supreme Court comes to play. The Court that only hears the most selective of cases is responding rather efficiently and quickly to the issue, demonstrating that the although the majority voted one way, there is strong opposing views on the alternative demanding that the ban be removed. The cultural push-and-pull is what makes it more important. Ten years from now the next generation may be appalled by the whole process or not even consider any question in the matter, depending on their view point. However, it is the process that brings about legal change one way or the other. It is the process that shapes the way the law will be. Therefore, the process demands the outmost precision and consideration of the vote and ideologies of our society. Supreme Court’s attention to the matter is not only important but also could become highly historical.
Reference :
California Supreme Court to hear Prop. 8 arguments
By Maura Dolan and Jessica Garrison
Los Angeles Times
http://www.latimes.com/news/local/la-me-prop-8-spending4-2009feb04,0,3808081.story
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