Blogging the Amendment

Offering a Forum to Discuss the Pros and Cons of the Marshall/Newman Amendment

What judicial activists?

The USAToday reported two more court decisions today that were adverse to the interests of amendment opponents and to gay families.  The Tennessee Supreme Court refused to keep their amendment off the ballot this fall and the 8th District Circuit Court of Appeals (yes, that’s a federal court) overturned a trial court decision that had held Nebraska’s same sex only focused amendment unconstitutional.

So, now we should be able to spend our time debating the merits (or demerits) of the proposal before the voters in November and not the tired and discredited shibboleth “activist judges.”

And, Virginia voters who oppose the amendment are forewarned that they can’t count on there being any judges out there to do their job for them if they fail to turn out and turn down ballot question #1 on November 7th.


July 14, 2006 - Posted by | activist judges, politics of marriage


  1. These decisions do not negate the fact that activist judges may say that the law is unconstitutional in the future!! Great job taking defeats and turning them into victories.

    Comment by hrconservative | July 14, 2006 | Reply

  2. What activist judges? Have you seen one? Did you get a picture? This has been thoroughly dissected. There are no “activist judges” in Virginia.

    Read this. And this.

    The judiciary in Virginia has already made its position on this pretty clear.

    The truth is, you don’t have any other arguments in favor of this idiotic amendment, do you?

    Comment by David | July 14, 2006 | Reply

  3. I have to agree, it will be great to actually read about the merits of both sides instead of hearing conservatives simply blame “activist judges” for the destruction of society. There are many people who are unsure of where they stand on the issue of same-sex marriage. I think it is important, therefore, to have people lay out the facts behind their beliefs.

    Comment by Ambivalent Mumblings | July 16, 2006 | Reply

  4. Ooh – activist judges! I want one! What??? None in Virginia???? Boo hoo!

    Seriously – “activist judges” are simply the latest manifestation of those who have to have an enemy to pick on.

    Comment by vjp | July 16, 2006 | Reply

  5. HR… thanks, I think. Certainly if we’re unsuccessful in November, we who support marriage equality will continue to use every tool available in a democratic society to achieve the equity all Virginians deserve. So, no, we’ll not beat our swords into plowshares. But, there’s no question that impact litigation in Virginia will be an exceptionally tough row to hoe. (Two agricultural metaphors from a William and Mary history major is enough for one day).

    Personally I believe, as AM pointed out in another thread, that ultimate victory on this issue will only come after the fair-minded voters of a red state say enough is enough. Perhaps Bob and Steve should have considered the risk before they wrote the over-reaching language in the Marshall-Newman Amendment.

    Comment by GinterParked | July 17, 2006 | Reply

  6. Jonathan Rauch sees these rulings in a positive light. His conservative analysis includes a great line for door to door work:

    “The decision does pose a question for conservatives who believe, as conservatives should (and as AFM does not), that when it is not necessary to amend the Constitution, it is necessary not to amend the Constitution.”

    AFM is the acronym for Matt Daniel’s Alliance “For” Marriage organization.

    Comment by Jonathan Weintraub | July 19, 2006 | Reply

  7. Today, the Washington State Supreme Court joined the majority of state courts that have refused to overturn state laws prohibiting same sex marriage. Whither the mythological unicorn… the “activist judge”?

    More at

    Comment by Claire Gastanaga | July 26, 2006 | Reply

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: