Parsing the Words of the Justices - Did Souter Offer Advice to Gay-Marriage Proponents?

  • metta

    Posts: 39107

    Jul 02, 2009 8:03 AM GMT
    Did Souter Offer Advice to Gay-Marriage Proponents?


    [QUOTE]


    Souter seemed to depart from the subject at hand when he said he agreed with the majority that in deciding to recognize "an individual right unsanctioned by tradition . . . the beginning of wisdom is to go slow."


    It is "essential to recognize how much time society needs in order to work through a given issue before it makes sense to ask whether a law or practice on the subject is beyond the pale of reasonable choice, and subject to being struck down as violating due process," Souter wrote.



    The court recognizes new rights, Souter wrote, mentioning the right to privacy and the court's decision striking laws on sodomy. But it takes time.



    "We can change our own inherited views just so fast, and a person is not labeled a stick-in-the-mud for refusing to endorse a new moral claim without having some time to work through it intellectually and emotionally," Souter wrote. "The broader society needs the chance to take part in the dialectic of public and political back and forth about a new liberty claim before it makes sense to declare unsympathetic state or national laws arbitrary."



    Souter never mentioned gay marriage, but Dellinger, writing in Slate, said it is "hard to avoid the conclusion" that it was one of the issues he had in mind. "His carefully nuanced message both defends the legitimacy of judicial recognition of 'non-traditional' rights and cautions against a premature quest for national judicial rules," Dellinger said.



    [/QUOTE]



    http://www.washingtonpost.com/wp-dyn/content/article/2009/07/01/AR2009070104043.html

  • Posted by a hidden member.
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    Jul 02, 2009 9:51 AM GMT
    It so seems, and it makes sense from antecedence.
  • Posted by a hidden member.
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    Jul 02, 2009 10:17 AM GMT
    Society has had time.
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    Jul 02, 2009 10:52 AM GMT
    Caslon11000 saidSociety has had time.


    Talking about the U.S. perhaps the Olson/Boies lawsuit was brought because is time.

    Wouldn't it be somewhat freaky if (a big if, because it might just apply to California) the case who were to bring marriage equality to the U.S. were to be named Perry v. Schwarzenegger.

    "We had the defeat the freaking terminator to gain our rights!" icon_lol.gif

    Sorry, couldn't resist.