Law in Contemporary Society

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How Much Longer Can We Wait

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Government officials, like Chris Christie, and advocates on both sides of the marriage equality issue often claim that as a democracy, the determination of who can get married belongs in the hands of the public. In reference to Brown v. Board, one could argue that actual integration of school districts did not happen until attitudes of the oppressors transformed--and we should wait for this to happen with respect to gay marriage. Yet, we cannot and should not wait any longer. Chris Christie forgets that the cost of changing the public's mind came at the expense of dignity, respect, and lives of African-Americans and their supporters during the Civil Rights Era. But what is the alternative? What power do the courts actually have in reversing the public's opinion about a minority? In class we discussed how the law is not as powerful as the social norms that manage our daily interactions. However, gay marriage offers the federal courts the opportunity to change this norm and its reach entirely. But some ask, at what expense could this come to the judiciary as an institution?
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Government officials, like Chris Christie, and advocates on both sides of the marriage equality issue often claim that as a democracy, the determination of who can get married belongs in the hands of the public. In reference to Brown v. Board, one could argue that actual integration of school districts did not happen until attitudes of the oppressors transformed--and we should wait for this to happen with respect to gay marriage. Yet, we cannot and should not wait any longer. Chris Christie forgets that the cost of changing the public's mind came at the expense of dignity, respect, and lives of African-Americans and their supporters during the Civil Rights Era. But what is the alternative? What power do the courts actually have in reversing the public's opinion about a minority? In class we discussed how the law is not as powerful as the social norms that manage our daily interactions. However, gay marriage offers the federal courts the opportunity to change this norm and its reach entirely. But some ask, at what expense could this come to the judiciary as an institution?
 

The Possible Risks Assumed by the Judiciary by Ruling For Marriage Equality


Revision 6r6 - 17 Feb 2012 - 22:55:06 - AjGarcia
Revision 5r5 - 16 Feb 2012 - 22:40:12 - AjGarcia
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