Re:How rare is a Supreme Court breach? Very rare
by rayiner on Tuesday May 03, 2022 @08:53PM
(#31255549)
You're making my point stronger. The EU Court on Human Rights made those rulings based on the following provisions of the EU Convention on Human Rights:
> Article 8 – Right to respect for private and family life
> 1. Everyone has the right to respect for his private and family life, his home and his correspondence.
> 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
> Article 12- Right to marry
> Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right
Even a dedicated textualist could find the above provisions ample justification for finding a right of same-sex couples to marry. Instead, the EU court adhered to a traditional definition of "marriage" and only found a right to civil unions and to mutual recognition across member states.
The U.S. Constitution, by contrast, contains no remotely similar provisions on which to premise a right for same-sex couples to marry. Yet, five justices, including a Reagan appointee, did just that. The U.S. Supreme Court is vastly less respectful of our democratic process than its counterparts in other developed countries.
> Article 8 – Right to respect for private and family life
> 1. Everyone has the right to respect for his private and family life, his home and his correspondence.
> 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
> Article 12- Right to marry
> Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right
Even a dedicated textualist could find the above provisions ample justification for finding a right of same-sex couples to marry. Instead, the EU court adhered to a traditional definition of "marriage" and only found a right to civil unions and to mutual recognition across member states.
The U.S. Constitution, by contrast, contains no remotely similar provisions on which to premise a right for same-sex couples to marry. Yet, five justices, including a Reagan appointee, did just that. The U.S. Supreme Court is vastly less respectful of our democratic process than its counterparts in other developed countries.