Alliance Defense Fund has highlighted an article by Jeffrey Rosen articulating why he thinks same-sex marriage laws will eventually change.
He cites that public opinion on the issue has shifted in recent years, and that the courts will eventually decide that state marriage laws are lagging behind public opinion.
Of course the problem with this logic is that it puts the courts in the position of making legal decisions based in part on public polling. By that logic, if a “bare majority” of Americans expected the First Amendment to be grossly reinterpreted or the right to life to be extended to unborn children, the courts would be obligated to concur.
The fact is, however, we are not a nation ruled by public opinion or judicial whims. Our nation is based on written laws. If you do not like those laws, there is a legislative process for changing them. If you believe a past court ruling was wrong, there are legal processes for redressing it.
What Mr. Rosen proposes is not democracy. It is, as ADF puts is, a complete devolution of law.
