Wednesday, August 4, 2010

Should consensus affect the Supreme Court?

I received an email from the ACLU today that said, in part:
We must demonstrate that there is a national consensus in support of marriage for same-sex couples. Every step forward will make it harder for the Supreme Court is consistent with the Constitution.
Consensus shouldn't affect the Supreme Court, should it?  The inherent flaw in democracy is that the majority can oppress the minority.  The Constitution is supposed to keep that oppression from happening.

I don't care if 99% of people are against gay marriage or black education or .  The Supreme Court should use the 14th amendment to strike down any law that restricts the privileges of citizens.  A privilege is an entitlement granted by the state.  Marriage licenses are granted by the state and entitle citizens to certain benefits.  Seems pretty clear to me that that's a privilege.

Or is the ACLU just being pragmatic?  In an ideal world, perhaps, Supreme Court justices shouldn't be affected by popular opinion, but they are only human, so they probably are affected.


  1. If consensus were part of decisions, we'd still have slavery.

  2. Great Blog with very good posts .Can you please tell me that how much time you take to create this wonderful blog, although I am new on internet but your work is very good and I appreciate your work.
    website design hampshire

  3. Aw, this was a really quality post. In theory I'd like to write like this too - taking time and real effort to make a good article... but what can I say... I procrastinate alot and never seem to get something don.
    Seo melbourne

  4. A house is a place, where we joyfully go through with our relatives. Along these lines, everybody needs to be a proprietor than to be an occupant. As of late, exceptional changes have been occurred in the market of home credits. check cashing

  5. Your FHA credits necessities are best depicted by a budgetary instructors endorsed by the Federal government, who gives valuable counsel with no charge for helping regular residents of the country. payday loans