TheProgressivePatriot
Gold Member
Not sure what you are trying to say here . It's a bit garbled but I will try to make sense out of itLegislating from the bench is the poorest way to establish law and order. However, if the state legislature stated one way or another that year that same-sex marriages were disallowed, the law should dictate the rightness or wrongness of the action and nothing else.
I agree that legislation is preferable to litigation. However, sometimes litigation is the only way. When states willfully violate the constitution and deny equal protection under the law and due process to a group, it is the roles of the courts to step in which they did.
The states that were banning same sex marriage were struggling to present the courts with a compelling government or societal interest in not allowing gay people to marry. They mostly failed
You said that the "law should dictate the rightness or wrongness of the action and nothing else" What the hell does that mean? Nothing else? Like "oh that's wrong, but you should fix it, not us" ?