Via: The US Constitution
On Friday, the Iowa Supreme Court, in a unanimous ruling, held that a state statute prohibiting same-sex couples from marrying under civil law violated the equal protection guarantees of the Iowa Constitution. The ink was barely dry on the ruling before right-wing critics predictably began hurling charges of “judicial tyranny” and “judicial activism” at the seven justices on the Iowa High Court. (Strangely, conservatives never seem to lob these charges at judges who strike down laws that protect individuals from discrimination or otherwise rule in ways that make it more difficult for Americans to obtain justice in the courts, but we digress.)
I also responded to these repetitive claims with a bit of a chuckle. Any decision that isn’t in step with the conservative view is automatically the work of a big left-wing conspiracy, carried out by activist judges. The reason I chuckle is the complete lack of logic that goes into these claims. Judges… deciding what the law is?! **gasp** How dare they?
Underlying these charges is a dangerous misunderstanding of the role of the courts in our constitutional democracy. Whether at the state or the federal level, it is the role of the legislature to make the laws, but those laws must be consistent with the requirements of the federal Constitution and, in the case of state laws, with the state Constitution as well. And when a specific law has been challenged on the basis that it violates constitutional provisions, it is the responsibility, in fact the obligation, of judges to determine whether or not that is the case.
That last paragraph sums it up rather nicely. This is the job of a judge – just because you’re not “winning” doesn’t mean you get to freak the fuck out. Now go listen to your 12 year old whiz kid and your fat, drug addict radio host. The adults are talking.
