Not to draw to fine a point on it, but the "activist judges" who were behind the "recent spate of homosexual marriages" Lary Stieglitz writes about were the Mayors of San Francisco, CA and New Platz, NY and the Multnomah County Commission. The “activist judge” label is to make us believe unaccountable, appointed-for-life people are making decisions about our laws, in contravention to the way things are supposed to work. But many gay marriage court decisions are coming from ELECTED (and thus accountable) state judges, and the major gay marriage events in recent years have been authorized by the relevant jurisdictions’ elected Executive Branch, not judges.Now I don't know if it will be published - we shall see. Meantime - I urge anyone who looks at my blog to contact their Republican Senators (we have one here in Oregon) and urge them to support the rights of the minority in addressing irrevocable lifetime appointments, and NOT dismantle the fillibuster.
Amazingly, making decisions about our laws is EXACTLY the job description of judges - including deciding that a law is flawed.
The “activist judge” in the Schiavo case, which Stieglitz also cites, was honoring the sanctity of marriage - recognizing centuries of tradition and law that hold that relationship and guardianship of an incapacitated person belongs primarily and at times exclusively to the spouse. The decisions were NOT ordering the death of a woman; they were acknowledging that a husband has the right to decide an issue personal to an incapacitated wife.
I have always believed arguments more persuasive when accurate. I’d hate to think Americans were whipping up a hatred of the Judiciary by holding it to blame for hot-button issues and not have the facts right. Keep that in mind when encouraging Senators to protect the rights of half the nation.
John Doty, Medford
Monday, April 18, 2005
In response
This is submitted to the Mail Tribune, in response to a letter in today's edition.
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