LGBT Rights-Persuasion? Force? The Court Correctly Chose Force
Whether or not one thinks LGBT Equality under law should primarily be a matter of persuasion or force, the Court itself chose, charted a force course several Junes back, obviating the need for activists to persuade, state legislature by state legislature. Our nation increasingly understands: patchwork quilting simply does not work as to fundamental constitutional rights.
I’d ask those championing persuasion absent the force of law whether or not they would have chosen, in our earlier civil rights eras, persuasion over force of law and, now, as to women’s right to control their health care choices.
Our nation must continue to strive to be a nation in which all (non-incarcerated, etc.) adult citizens enjoy the same rights under law. To be less would be a betrayal.
Whether or not gender and all its multiple complexities is primarily a matter of biology should be irrelevant to citizens’ rights under law.
07/26/2019 @ 4:01 pm
I hope no one here is suggesting patchwork quilting
07/26/2019 @ 4:10 pm
I can’t speak to the craft, but the metaphor works well for what happens when fundamental rights are left to state legislatures.
07/26/2019 @ 4:58 pm
My good man, isn’t the power of government in a free society the same as the use of power, which has been derived and ordained by persuasion?
07/26/2019 @ 6:48 pm
The Court’s job isn’t to persuade.
07/26/2019 @ 7:01 pm
Right, but the court rules where law already exist. It exists at the end of a process of persuasion.
07/26/2019 @ 7:03 pm
…and often upends the results of that persuasion….
07/26/2019 @ 5:01 pm
By choice do you mean leaving it to the states? Is someone proposing that?
07/26/2019 @ 6:51 pm
Before the Court ruled there was active debate, good debate, in the LGBT Rights mvmnt as to goint the federal court route or the state legislature route.
07/26/2019 @ 9:18 pm
I really have to wonder about people who think people’s “constitutional rights” can be patch-worked” state by state. Didn’t we already fight a civil war about that?
07/27/2019 @ 12:53 am
My thoughts exactly