Daily Press — Judicial Activism Argument “Deactivated”
Writing about the recent court decisions in New York and Georgia, this week the Daily Press echoed Coalition comments about the limited vitality of the “judicial activism” argument in VA:
That argument took a beating last week. Courts in two states – Georgia and New York – ruled that same-sex couples have no right to marry.
Now it’s probably easier to find a Frenchman happy about the World Cup outcome than it is to find an activist judge in Georgia. But New York, now there’s a different situation. You’d expect a state that would make Hillary Clinton a senator to have the kind of politics that would champion activist judges. Right? Yet New York’s highest court ruled that a state law defining marriage as between a man and a woman is constitutional.
The Daily Press goes on to label the proposed amendment, which it says is “hard to explain outside the context of prejudice against gays and lesbians,” “utterly unnecessary,” and “excessive,” and predicts how the future would judge its passage as public attitudes evolve:
So here’s a bet: If this amendment passes in November, one day, when it is stricken, people will wonder how on earth it was ever allowed to stain the Virginia Constitution.
My money’s on the same side as the Daily Press.