Wednesday, August 4, 2010

Proposition 8 and judicial activism

This excerpt from Judge Vaughn Walker's ruling strikes a proper balance, I think:

An initiative measure adopted by the voters deserves great respect. The considered views and opinions of even the most highly qualified scholars and experts seldom outweigh the determinations of the voters. When challenged, however, the voters' determinations must find at least some support in evidence. This is especially so when those determinations enact into law classifications of persons. Conjecture, speculation and fears are not enough. Still less will the moral disapprobation of a group or class of citizens suffice, no matter how large the majority that shares that view. The evidence demonstrated beyond serious recknong that Proposition 8 finds support only in such disapproval. As such, Proposition 8 is beyond the constitutional reach of the voters or their representatives.

Emphasis added.

1 comment:

namefromthepast said...

As a conservative I agree with Walker's decision.

Headline- "Rule of Law defeats rule of man"

Overreaching conservatives and libs continually blur the lines between illegal and wrong. They aren't always the same thing.

My hope is that Walker and other judges show the same reverence for the founding document when pressed on bigger issues that will be coming soon.