----- Original Message ----- 
From: "Julia Thompson" <[EMAIL PROTECTED]>
To: "Killer Bs Discussion" <[EMAIL PROTECTED]>
Sent: Monday, February 23, 2004 9:01 AM
Subject: Re: Thoughts on gay marriage?


> Doug Pensinger wrote:
> >
> > John wrote:
> >
> > > At 01:14 PM 2/19/2004 -0600 Dan Minette wrote:
> > >> Why not civil rights, it started the same way.  Indeed, the
initial data
> > >> supports that.
> > >
> > > I certainly was aware of the "Impeach Earl Warren" Movement when
I made
> > > my
> > > post, and I certainly don't mean to imply that there is a single
> > > difference
> > > that produced the differing outcomes of the civil rights
movement and the
> > > abortion movement.
> > >
> > > Still, I do think that legislative legitimacy is important, and
despite
> > > the
> > > occasional Supreme Court decision on this issue, like Brown vs.
Board,
> > > the
> > > key decisions in the Civil Rights Movement were ultimately taken
by
> > > Legislatures, and thus had a bit of legitimacy too them.
> > >
> > > In my mind, however, the track of the homosexual marriage
movement is
> > > much
> > > more closely following the track of the abortion movement than
the track
> > > of
> > > the civil rights movement.
> >
> > I would argue the opposite, especially considering that same sex
marriage
> > _is_ a civil rights issue.
> >
> > One salient point might be that younger people are generally in
favor of
> > same sex marriage whereas older people are generally against it,
so you
> > would expect that in a few years opposition would probably fade
away.  I
> > doubt this is the case with abortion.
>
> I think he's arguing it on a courts vs. legislatures standpoint.
>
> Looking *just* at how court rulings went and how legislation was
> written, which is it paralleling better at present?
>
> I'm not up on any of the three well enough to give a detailed
analysis.
> Perhaps someone else is.
>

I've been thinking about this for a while and not commenting too much.
But, and correct me if I am wrong here, aren't the three branches of
the FedGov supposed to be relatively equal in overall power?

If yes, then things are going as they should more or less, and the
people complaining about Judicial action are on shaky ground.

That doesn't invalidate what John has said about legislation having a
bit more finality, but it would cast doubt on arguments otherwise
about the Judicial branch exerting influence unnecessarily.


xponent
A Question Of Balance Maru
rob


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