As I’m sure you’ve heard, a federal judge struck down Utah’s ban on same-sex marriage as unconstitutional last week and, predictably, the Christian right is freaking out over it. Brian Brown of the National Organization for Marriage phoned in the same old platitudes:
“This ruling is a travesty of justice,” said Brian Brown, NOM President. “The voters of Utah made their will in this matter perfectly clear less than 10 years ago when adopting an amendment to the state constitution defining marriage as the union of one man and one woman. This ruling should concern every American who cares about the rights of citizens and their involvement in determining the laws that govern us. This trend of vetoing the voters from the bench must be stopped.”
which is what judges are supposed to do. That’s the entire point of judicial review. Just like the courts overturned laws against interracial marriage regardless of the “will of the people.” And laws against interracial marriage. And laws mandating racial segregation. The fact that a judge overturns the “will of the people” is absolutely irrelevant to the question of whether that ruling is correct or not.
Do you remember Brian Brown throwing a tantrum when the Supreme Court decided that the “will of the people” of California was irrelevant and the federal government could continue to enforce laws against the use of medical marijuana even though a referendum passed that law? Or when the Supreme Court struck down gun control laws in Washington, DC? Yeah, neither do I. He’s perfectly fine with the courts overturning democratically-passed laws when he disagrees with those laws. When he agrees with them, ZOMG! It’s tyranny!