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May 13, 2005
Judicial Arrogance, Part 8,498,921
Five years ago, 70 percent of voters in Nebraska voted to amend their state's constitution to define marriage as between a man and a woman. Yesterday, a federal judge decided that the will of an overwhelming majority of voters was nothing compared to his own personal judgment on the issue.
U.S. District Judge Joseph Bataillon, a Clinton appointee, said "under the Equal Protection Clause of the 14th Amendment to the U.S. Constitution, Nebraska cannot ban same-sex marriages and civil unions." No matter what you think of gay marriage or civil unions, it seems clear this judge has overstepped the limits of his power by simply ignoring those who voted.
This judge's arrogance should show Senator Frist and the rest of the Republicans in the Senate just how important the political battle over the judiciary really is. While I support, with limits, the idea of civil unions for gays and lesbians, I think that the will of the voters should always be respected, even if the results of that vote do not match your personal beliefs.
Stories like this are what motivated the base to elect Republicans to a majority in the Senate. What they've done with that majority has been nothing short of disgraceful. I hope this case wakes them up to the reality of judicial activism, and the need to stop it by doing what it takes to confirm judges who will not legislate from the bench.
Posted by slublog at May 13, 2005 12:01 AM
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