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the G-man said:

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r3x29yz4a said:
so by your standard the ammendment ending slavery should be overturned because it directly violates the standard in 1776.



Actually, your attempt to draw an analogy to slavery proves, rather than questions, my point.

Slavery, sadly, existed at the time of the passage and ratification of the constitution. Therefore, a prohibition against it was contrary to the founders' intent. As such, it required an amendment to prohibit it.

You, on the other hand, are arguing that gay marriage, something that did NOT exist at the time of the constitution's passage, something that was, in fact wholly outlawed, is somehow consistent to the founders' intent.

I have said in the past that I think the issue of gay marriage should be decided by legislation and that, if the appropriate legislature approves gay marriage, I have no problem with that.

However, I continue to oppose "legislation from the bench." Such judicial activism is, I would submit, wholly and clearly inconsistent with the framers' intent that there be a "separation of powers" between the judicial, executive and legislative branches.

If an amendment is necessary to prevent the courts from exceeding their authority, I would submit that the amendment is more consistent, not less, with the intent of the constitution to separate powers.



I'm sure you've heard this before but here goes. Original intent is a fallacious idea. At the time it was written the framers could hardly imagine a world like todays. Their real intent was to create a living document that could adapt to changes in the world and circumstance while maintaning core values of liberty and freedom. It's purpose is to protect those ideas, not limit them.

The courts aren't really at liberty to write law anyway. A judge may rule on an issue but legislatures and governors certainly have the right to change the law if they disagree. The checks and balances remain in effect. The courts protect freedoms from politics.

I've ever been able to understand why the right has such an interest in who people sleep with. It doesn't cost them anything. No one is asking them to sleep with people they don't desire so why the big deal?


BTW Pariah, you'll be so much happier when you come out of the closet. Most 'Straight' guys that are into t-girls really want the cock. That's why they're interested in us. The only problem is most t-girls aren't into it. Only in porn do you find the man topping domme!