Monday, January 17, 2005

Legislating from the Bench

This is a phrase that I keep hearing. And I keep thinking... uhhhh No? Today in this article on CNN re: The overturning of the stickers in Georgia (YAY) they said the following:

"It's another example of how the bench is dictating to people what symbols they can display, if they can pray or not pray or if they can teach a particular subject," said Sadie Fields, head of the Georgia chapter of the Christian Coalition

I think, that miss Sadie Fields, along with all the people who opposed gay marriage etc need an education about our system of government. The Legislative and Executive branches make laws and are elected by a Majority, and because of that they serve the interests of the Majority (be it the National Majority or the Majority of people in Bumfuck Georgia). Because the Majority controls the Executive and Legislative branches of government they will frequently make laws or decisions that may or may not be in the best interests of the Minority. The Judicial Branch's job is to protect the consitution, and through that to protect the rights of all US Citizens including but not limited to the Minority, (the people who cannot out vote laws that are not in their best interests.)

So While Miss Sadie Fields and some others in different scions of society may think it is unfair that the Judges are not allowing them allowing them and their fundamentalist friends to force their views onto other people's children, They are not in fact legislation, In fact, they are preventing your legislation from working because it is not in the best interests of all of the children, only YOUR children. And if you don't like it, start a private school and then you can teach sex is bad and "No, God just went click."

So Miss Fields I don't really understand where this whole "legislating from the bench" thing came about, or who you heard say it, but they were stupid so you shouldn't repeat things that they say. Though you may disagree with a judge, do keep in mind that there may be others who agree (though I'm sure you don't know any of them). And that the law they are declaring unconstitutional may be inflicting pain on someone who cannot do anything about it because they are in the minority. To these people those "activist judges" are Heros and Heroines protecting the rights of the few from the whims of many.