[lbo-talk] Re: Sexuality Under Seige, or What Else is New?

Christian Gregory christian11 at mindspring.com
Mon Aug 2 16:53:34 PDT 2004



>In neither case do I think allowing courts, rather than the broader democratic process, would be better at >ultimately finding the right answer.

What's the point of having a constitutional democracy then? If the courts are supposed to go no further than the current climate of opinion allows, then you've given up what's good about them: in principle, they prevent the majority from having final say-so over the rights of a minority.

Arguing that court rulings create backlash isn't an argument against court rulings, it's an argument for broader organizing.

Christian



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