@Brandon9000,
Brandon9000 wrote:Liberals have now discoevered that they no longer need to win at the polls. Conservatives may pass a measure in elections by any majority whatsoever, and liberals will have a handful of men overturn the election result.
"Have
now discovered"? You're not up to date on conservative conspiracy theories about the topic. Conservatives have been criticizing this alleged liberal-judicial conspiracy at least since Robert Bork's
Tempting of America (1997). Bork, in turn, says it began with the Warren Court (1953-1969). You're almost 60 years behind the curve there.
Brandon9000 wrote:This would be valid if the issue in question actually were mentioned in a state or the federal constitution, but the strategy is now to make whatever tortured argument necessary to pretend that the constitution takes the liberal view of matters which it actually never mentions at all.
The constitution's 5th and 14th Amendments do protect a right to liberty. Are you denying that the general concept of liberty covers the particular liberty to marry the partner of your choice, and that this is therefore a fundamental right? Moreover, the 14th Amendment guarantees equal protection of the law. Are you denying that California law previously protected the liberty to marry for
all Californians equally, and that it then has
withdrawn that protection from
some Californians?
One last question: Let's assume for the sake of conversation that American courts do disproportionately strike down conservative laws. How does that demonstrate a liberal conspiracy among judges? Why doesn't it demonstrate that conservative legislators enact more unconstitutional laws than liberal legislators do?