Quote:

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.



The argument is about activist judges if the courts take action not specifically spelled out in the constitution.

For the record there is no blanket "anti-discrimination" clause in the constitution. Anti discrimination laws do only cover specific forms of discrimination. Here's an example you can go out and observe today if you'd like. It is illegal to have seperate bathrooms for whites and blacks however it it completely legal to discriminate between men and women and have seperate bathrooms for them. Before you right this off there are activists in teh transgender populace who do believe this is an unfair discrimination and seek to change it, but regardless of your feelings about seperate men's and women's bathrooms it is discrimination and it is legal.

Putting the "fun" back in Fundamentalist Christian Dogma. " I know God exists because WBAM told me so. " - theory9 JLA brand RACK points = 514k