Supreme Court delivers wins for gay marriage movement

[JoeRedskin]

Originally Posted by over the mountain

strict or intermediate scrutiny should be applied .. very surprised gay and lesbian isnt a protected class in 2013.
wow

I agree. But, think about it, the Gay Rights movement is a relatively recent force in politics. Sure, they have been fighting since the 70's but is only in the last decade that they have acheived any real legislative success.

Again, the right - but hard - way to deal with this is in the policy making arena, not abdicating it to nine unelected individuals who are in no way accountable to the public. It's simple enough, amend the appropriate legislation to include gender preference as a type of protected class, either as an intermediate or suspect class. That way, the type of Constitutional scrutiny the Courts are to be apply is set forth by policy makers responsive to voters.

Again, this would require adherence to the Constitution's division of power, diffusion of soveriegnity and protection of an individual's rights and responsibility to decide governmental policy. Better just to say, "eh, constitution, smonstitution ... that's too much work" and abdicate our rights and responsibilities to a bunch of unelected jurists.