Tag: Dred Scott

Peter Robinson and the Constitutional Complexities of Gay Marriage

 

Peter Robinson’s post yesterday cites Robert George’s passionate attack on claims for the constitutionality of gay marriage, wherein George argues that this weighty issue should be decided analytically at the wholesale level. He looks at what he, and many others, think to be bad decisions by an activist Supreme Court and urges that Republicans, both in and out of government, should treat the decision “as an anti-constitutional and illegitimate ruling in which the judiciary has attempted to usurp the authority of the people and their elected representatives.”

This is a very radical claim and the effort to upset the doctrine of judicial supremacy, far from being confined to this decision, could easily be extended to any other ruling that is subject to extensive political disputation. Professor George seeks to make this argument by analogizing the situation with gay marriage to earlier cases. Here’s the relevant section that Peter quoted: