Setting the record straight.
With the new attempt to create a new Constitutional amendment "protecting" marriage, there's much more talk of judges extending beyond their roles, being activists, and "legislating" new laws.
Judges can't legislate anything. What they do is decide cases using the state's and/or federal constitution and existing laws. If a gay couple sues the state after being denied a marriage license, and the judges decide they should have been given the license, they haven't created a new law. A court's decision regarding the legality of gay marriage depends mostly on whether they have a strict, literal interpretation of the state constitution (or a loose, more "liberal" interpretation). Judges can't get together one day and say to each other "You know, we think gay marriage should be legal. Let's legislate that." They have to have a case, and they have to play within the bounds of the constitution. Judges interpret laws as they are written now. If we disagree with them, the onus is on us to change the laws.
Please take those fingers that are currently pointing at "activist" judges and turn them back to face yourselves. Part of our responsibility to this country is appointing leaders who will write laws that reflect the will of the majority, protect the rights of this country's citizens, and that are written in such a way that don't leave room for questions about intent and interpretation. Blaming others makes us feel important and educated, but that's all it does. Don't like the way this country is going? Get up, get out, get others behind you, and vote.
Judges can't legislate anything. What they do is decide cases using the state's and/or federal constitution and existing laws. If a gay couple sues the state after being denied a marriage license, and the judges decide they should have been given the license, they haven't created a new law. A court's decision regarding the legality of gay marriage depends mostly on whether they have a strict, literal interpretation of the state constitution (or a loose, more "liberal" interpretation). Judges can't get together one day and say to each other "You know, we think gay marriage should be legal. Let's legislate that." They have to have a case, and they have to play within the bounds of the constitution. Judges interpret laws as they are written now. If we disagree with them, the onus is on us to change the laws.
Please take those fingers that are currently pointing at "activist" judges and turn them back to face yourselves. Part of our responsibility to this country is appointing leaders who will write laws that reflect the will of the majority, protect the rights of this country's citizens, and that are written in such a way that don't leave room for questions about intent and interpretation. Blaming others makes us feel important and educated, but that's all it does. Don't like the way this country is going? Get up, get out, get others behind you, and vote.