Saturday, December 8, 2012
The Supreme Court has announced they will hear two cases on gay marriage this coming spring. As you will learn in a few months, there are two perspectives when it comes to the role the Supreme Court should play in American politics; judicial restraint and judicial activism. As can be concluded from those terms, restraint involves a court that does not seek cases that will lead to significant, sweeping precedents, whereas judicial activism is exactly as it sounds; active in making decisions that lead to policy.
It appears our current Supreme Court is activist as they are tackling one of the most controversial, debated, and current topics in our political culture today.
Read the article and write back with your opinion on the following:
Should the Supreme Court be able to choose cases which will lead to both publicity and policy changes?
How do you think the Supreme Court will decide this case? What amendment(s) will they look to in defining marriage and the constitutionality of a law that bans gay marriage? How do you think the Supreme Court should rule on this case?
Is gay marriage a political issue? Why/why not? Does it matter? Why does it matter? Who should have the authority when it comes to telling people who they can and cannot marry? (country, state, church, individual)...
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I think that the Supreme Court will rule gay marriage to be constitutional, as they realize that the majority of people probably support gay marriage because of the Democratic leadership in the country. The Supreme Court could look at the proposed Federal Marriage Amendment (FMA), which would have limited marriage in the United States to unions of one man and one woman. The FMA would also have prevented judicial extension of marriage rights to same-sex or other unmarried heterosexual couples.
ReplyDeleteI don't think gay marriage is a political issue, but rather a more personal issue that should be decided by the individual. It matters, because Americans will never agree on such a controversial issue. I think it's up to the individual to have the authority when it comes to deciding who they can and cannot marry.