> Nobody in 1789 would have said that gay marriage is a fundamental right.
Its marriage. Its a fundamental right.
It doesn't matter if you are gay or straight.
> It is important that the Court not act ahead of society.
That is another way of saying "Yes, the judicial system is as political as politicians."
One of the primary purposes of the Court is to make sure the political majority can't deny equal rights to everyone in the country. The idea they have to wait for that political majority to exist before "giving people" rights is an awful idea.
> I'm also a strong supporter of abortion rights, but I can't help but wonder if in the long run abortion rights wouldn't be in a stronger position today had the Court waited a bit longer for public consensus to catch up before dictating a result.
Its marriage. Its a fundamental right.
It doesn't matter if you are gay or straight.
> It is important that the Court not act ahead of society.
That is another way of saying "Yes, the judicial system is as political as politicians."
One of the primary purposes of the Court is to make sure the political majority can't deny equal rights to everyone in the country. The idea they have to wait for that political majority to exist before "giving people" rights is an awful idea.
> I'm also a strong supporter of abortion rights, but I can't help but wonder if in the long run abortion rights wouldn't be in a stronger position today had the Court waited a bit longer for public consensus to catch up before dictating a result.
https://en.wikipedia.org/wiki/Roe_v._Wade#/media/File:Roevwa... http://www.gallup.com/poll/160058/majority-americans-support...
They did wait for a majority before Roe v. Wade as well. :/