Originally posted by DanS
"Allocation"... Hmmm... Does your question have any real meaning?
"Allocation"... Hmmm... Does your question have any real meaning?
It should be as it always has been. The final determination of rights is in the court's sphere, while the enumeration of those rights is in the legislators' sphere. The legislative is designed to be closest to the wishes of the people, it's where political debate takes place, and it's where a concensus and legitimacy is formed.
In this light, taking the case to the courts (just as those who supported inter-racial marriage did) provides the minority with a way to get a fair hearing in a situation in which the majority is unreasonably oppressing a minority. This is not "short-circuiting" anything.
As Madison said (The Federalist, No. 51):
It is of great importance in a republic, not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part. Justice is the end of government."
And justice is precisely what gay people are asking for.
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