Re:The Contractual Impossibility of Unwinding Disney’s Reedy...
by rayiner on Friday April 29, 2022 @04:58PM
(#31210514)
> Making claims about what is "a more accurate reflection of the culture" is slicing and dicing.
You don't think it's possible to get a gist of what the public thinks generally? Most Americans (60%) think that abortion should be "generally legal" in the first trimester, while only 28% think that it should be "generally legal" in the second trimester: https://news.gallup.com/poll/235469/trimesters-key-abortion-...
Insofar as Roe requires abortion to be "generally legal" in the second trimester--a position that 70% of Americans reject--it is a departure from the culture.
> Just stand up for what you believe in. Stop trying to speak on behalf of "the culture" which is in most ways not accurately knowable, and even if it was, is of dubious significance.
I believe in democratic values. I believe culture belongs to everyone, and cultural changes should be driven bottom-up, through social consensus, not top down by legal elites, big corporations, etc.
> Most major shifts in societies (not all, but most) occur in opposition to "the culture".
Much more so in the U.S. than in other developed countries, and that's a bad thing. Most European countries ended up making elective abortions available in the first trimester in response to changing social views. In the U.S., legal elites rammed through a second-trimester rule that decades later is still at odds with public opinion.
Likewise, in 2015, the U.S. the Supreme Court found that the Constitution's implicit marriage right encompassed same-sex marriage. A year later, the European Court of Human Rights reached the exact opposite conclusion--finding that the express marriage right in the European Convention on Human Rights did not extend to same-sex marriage: https://eclj.org/marriage/the-echr-unanimously-confirms-the-.... Accordingly, countries like Germany legalized same-sex marriage in 2017, through the ordinary legislative process, with the support of 73% of the population.
You don't think it's possible to get a gist of what the public thinks generally? Most Americans (60%) think that abortion should be "generally legal" in the first trimester, while only 28% think that it should be "generally legal" in the second trimester: https://news.gallup.com/poll/235469/trimesters-key-abortion-...
Insofar as Roe requires abortion to be "generally legal" in the second trimester--a position that 70% of Americans reject--it is a departure from the culture.
> Just stand up for what you believe in. Stop trying to speak on behalf of "the culture" which is in most ways not accurately knowable, and even if it was, is of dubious significance.
I believe in democratic values. I believe culture belongs to everyone, and cultural changes should be driven bottom-up, through social consensus, not top down by legal elites, big corporations, etc.
> Most major shifts in societies (not all, but most) occur in opposition to "the culture".
Much more so in the U.S. than in other developed countries, and that's a bad thing. Most European countries ended up making elective abortions available in the first trimester in response to changing social views. In the U.S., legal elites rammed through a second-trimester rule that decades later is still at odds with public opinion.
Likewise, in 2015, the U.S. the Supreme Court found that the Constitution's implicit marriage right encompassed same-sex marriage. A year later, the European Court of Human Rights reached the exact opposite conclusion--finding that the express marriage right in the European Convention on Human Rights did not extend to same-sex marriage: https://eclj.org/marriage/the-echr-unanimously-confirms-the-.... Accordingly, countries like Germany legalized same-sex marriage in 2017, through the ordinary legislative process, with the support of 73% of the population.