re: #53 Political Atheist

How? Isn’t the judicial constitutional test process a solid check on the popular vote? Like say Prop 8?

It’s as solid as the current judiciary is. It’s not at all hard to imaging an bunch of entrenched judges going the other way, upholding DOMA and continuing to disallow federal benefits to gay marriages in states that approved it.

Prop 8 should never have happened. Having to vote at all on other people’s civil right’s legitimizes the questioning of those civil rights, it’s pretty much a disgusting event no matter what “checks” you imagine to be on that process. The New Mexico situation is about as ideal a fight as we’ve seen, where the legislation never mentioned gender to begin with and the powers that be just finally drove through that open door. There was a lawsuit seeking to stop the marriages, but no popular vote.