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wannabuyamonkey said:
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Matter-eater Man said:
The courts provide us some checks & balances. (not a popular concept these days apparently) There was a reason they're more insulated from the electorate. In the long run it protects us from the tyrany that Buchanan is railing against.



But then who provides checks and balances for the courts?


the legislative branch through laws. courts simply interpret the laws and make decisions based upon that. so gay marriage is ruled on based on the rights laid out in the constitution, then laws may be passed to ban or permit certain things which may be challenged in court to see if they contradict constitutional rights.
so ultimately the argument here is not "activist judges" but whether gay marriage is covered by rights of freedom and anti-discrimination laws. or whether those laws cover only specific forms of discrimination, not general forms of discrimination.

Bow ties are coool.