While there have been very strong legal opinions covering whether or not the Supreme Court made the right call on the constitutionality of marriage laws, I believe their needs to be a significant discussion and legislative pushback on the action to resolve what the court called unconstitutional laws. They have the ability to void a law, not write words into the law to make it 'constitutional.' |
It is interesting to note that she, Kim Davis, stopped issuing marriage licenses to all people, straight or same sex. After listening and reading, I have not heard why she stopped all. She claimed that she could not issue because of her religious beliefs. Given that marriage licenses are a minor portion of her job and same-sex licenses even a much smaller part of her job, it would be reasonable to make simple accommodations. |
While considerable push back needs to be on the court’s reasoning of finding marriage laws unconstitutional, an entirely different type of pushback is required on the courts ‘solution’. It is very well known through many situations, that if one branch takes the power of another branch and it goes unchallenged, it is often forever lost. Whether or not it was a good idea to allow the judicial branch to have the last and often sole word on the constitutionality of legislation, which now has been lost. It would be a great danger to also allow the judicial branch to ‘fix’ laws to make them constitutional. |