Obama to fire gay military officer. Martinus pops vein.

[grumbler]

I think Roe v. Wade would be a good law and it's legislating from the bench.

A common misconception is that Roe v Wade represented "legislating from the bench," though this misconception is held only by those who haven't looked closely at the case.

The USSc in RvW defined the limits of the powers of legislatures to act, and described the conditions that existed where the state lacked the standing to act, and that is all.  Court decisions do precisely what RvW did in the overwhelming majority of cases.

[grumbler]

Since the legislature already gave the Courts the jurisdiction to find any enactment unconstitutional, I am not sure what point you are trying to make.

In the US, this isn't the case; courts get their "judicial power" from the Constitution, not legislation.

[Admiral Yi]

A common misconception is that Roe v Wade represented "legislating from the bench," though this misconception is held only by those who haven't looked closely at the case.

The USSc in RvW defined the limits of the powers of legislatures to act, and described the conditions that existed where the state lacked the standing to act, and that is all.  Court decisions do precisely what RvW did in the overwhelming majority of cases.

With the difference that in the overwhelming majority of cases they reference actual words actually written in the actual document.

[Sheilbh]

The court can always decide the other way the next time if they want to.

I believe that's difficult because of the idea of stare decisis and precedent.  Ironically Thomas, who's considered a conservative judge, apparently doesn't believe in stare decisis - according to Scalia.

[Faeelin]

The court can always decide the other way the next time if they want to.

I believe that's difficult because of the idea of stare decisis and precedent.  Ironically Thomas, who's considered a conservative judge, apparently doesn't believe in stare decisis - according to Scalia.

But Scalia's support for stare decisis makes little sense to me, since he supports a strong textualist view. If this is the case, then many old cases were wrongly decided.

[Sheilbh]

The court can always decide the other way the next time if they want to.

I believe that's difficult because of the idea of stare decisis and precedent.  Ironically Thomas, who's considered a conservative judge, apparently doesn't believe in stare decisis - according to Scalia.

But Scalia's support for stare decisis makes little sense to me, since he supports a strong textualist view. If this is the case, then many old cases were wrongly decided.

I agree.  I think Thomas's view makes a lot more sense and is more coherent.

[MadImmortalMan]

Since the legislature already gave the Courts the jurisdiction to find any enactment unconstitutional, I am not sure what point you are trying to make.

In the US, this isn't the case; courts get their "judicial power" from the Constitution, not legislation.

I don't think even the constitution expressly delegates to the courts "the power to find any enactment unconstitutional". That's simply false.

[MadImmortalMan]

But Scalia's support for stare decisis makes little sense to me, since he supports a strong textualist view. If this is the case, then many old cases were wrongly decided.

Like, say, Dredd Scott.

[Martinus]

My main civic argument against gay marriage is one of example.

If we have gay couples, then our children will be expoused to them.
And gayness will become accepted in society.
I don't have children but if I did, I wouldn't want them to be gay.
This would be the end of the world for me.

I have no problem with gays being gay, as long as they keep it private.
Or at least out of line-of-sight from the children.

Dumb.

"Whatever else it is, homosexuality is not a contagious disease like the measles. Prevailing scientific opinion is that an individual's sexuality is determined at a very early age and that a child's teachers do not really influence this."

Wow, Reagan actually said that? My opinion of him just improved a lot. No wonder Jack Kemp considered him a puppet of the gay lobby. 

[Martinus]

Does anyone want to have gay kids?

I do.

[Martinus]

My main civic argument against gay marriage is one of example.

If we have gay couples, then our children will be expoused to them.
And gayness will become accepted in society.
I don't have children but if I did, I wouldn't want them to be gay.
This would be the end of the world for me.

I have no problem with gays being gay, as long as they keep it private.
Or at least out of line-of-sight from the children.

with so many gays and bi around here, it's a wonder you haven't turned gay yet!

I always thought that "straight" people who claim that homosexuality is a choice must have chosen to be straight, and thus they must have at least considered the question... 

[Martinus]

What's hard about coming out and saying that you hate gays? I hate gays with a passion.

I thought you just hated me.

[The Brain]

What's hard about coming out and saying that you hate gays? I hate gays with a passion.

I thought you just hated me.

Nope!

[garbon]

I do.

Why? Raising kids seems to be already hard enough without adding extra challenges.

[Martinus]

I do.

Why? Raising kids seems to be already hard enough without adding extra challenges.

That wouldn't be a challenge for me, and I'd hope that by having gay parents, the challenge for the kids involved in being gay would also be significantly diminished. I wouldn't of course love the kids less if they were straight, but to want them to be straight would be like for black parents to want to have white kids.