GOODRIDGE IS NO GOOD, part three: Mark Tardiff

The justices in the Goodridge decision overstepped their authority and have threatened the rule of law. It is safe to say that the drafters of the Massachusetts constitution shared the conviction (uncontested until about ten years ago) that
marriage meant the union of one man and one woman. Hence the justices imposed upon the
constitution a philosophy alien to that held by the writers themselves. This is closer to re-writing the constitution than to applying it. In
addition, it becomes difficult to see how we can speak of a rule of law. If the text itself as the framers understood it no longer has any normative force, then it is no longer the law which is the rule but whatever ideology is
dominant among the majority of the justices.
posted by Eve at 4:06 PM | link

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