DOMANIA: STATE OF THE UNION

...The move Bush makes here is to begin shifting the terms of the debate from outcome to process. Yes, he's still focusing too much on whether the law should recognize gay marriage, but at least he has begun to shift attention to the real question, which is "who decides"? The people's elected representatives or the imperial judiciary?

I don't have particularly strong views one way or the other on the issue of gay marriage as a legal institution. As long as the government isn't telling the Catholic Church (or any other church) that it has to recognize gay marriages as a religious matter, my libertarian instincts incline me to take a laissez faire attitude towards marriage as a legal institution. ...

I would like to see Bush turn the debate fully to the "who decides" question. Instead of talking about the sanctity of marriage (which heterosexuals like Britney Spears are doing a pretty good job of destroying without help), Bush should focus the debate on judicial activism. How to do this? Revise the FMA so as to leave the definition of marriage to the state legislatures, while not requiring other states (or the federal government) to accept another state's definition. Then let the chips fall where they may.

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posted by Eve at 6:59 AM VOTE

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