I couldn’t agree more with this post from Matthew Yglesias:
Something that I think most people don’t realize is that for the vast majority of American history, the judicial branch has been a very conservative elite-dominated institution. Most people’s view of the matter is distorted by the historical aberration that occurred roughly between the Brown andRoe decisions, with a lot of good criminal justice decisions in between. Even there, one has to recall that with its landmark civil rights decisions, the Supreme Court was in large part just reversing what the late 19th century Supreme Court did by throwing out the civil rights legislation of the Grant administration.
Emphasis added. Well said. Read the whole thing.
There is much, much more to this, particularly as it pertains to gays. I have always believed that social change comes from our communities, through private institutions and enterprises. It is not the government’s role to foster social change nor to prevent it from happening organically.
Had I not chanced upon this piece a few minutes before bed, I might have more to say on it, but for now, I think it’s important to alert our readers to the post, especially because a liberal blogger is putting forward a view in sync with conservative legal scholars.
FROM THE COMMENTS: Jim Hlavac offers:
Virtually all gains made by gay folks in the past 40 years towards our acceptance as decent people has been made without legislative or judicial help; and sometimes even despite laws and rulings against us. No court ruling is going to change anyone’s mind about us. Long before laws against us were removed we had already started the process of removing the negativism, person by person, mostly starting with our families and hetero friends. Even Bowers v. Hardwick did not dent the trend, nor did Lawrence push it. And the trend is still moving forward.
Exactly. Read the whole thing!