Re:Same-Sex Marriage Is a Right, Supreme Court Rules
by vacri on Friday June 26, 2015 @09:45PM
(#9788737)
> In brief, their view was that resolving this issue in the courts erodes the democratic process.
That the issue made it to the supreme court shows that it is following the democratic process laid out in the constitution. If it has to be decided on by SCOTUS, the issue has already been through a number of other checks and balances. SCOTUS decisions are part of the American democratic process, and it's incredibly disingenuous of Scalia to complain about it.
Basically the "this is not democratic process!" is a standard dog-whistle cry put forward when conservatives lose a vote. Progressives have their own cries, of course, but "this isn't democratic, and the proof is that I didn't win" is a standard losing conservative trope.
That the issue made it to the supreme court shows that it is following the democratic process laid out in the constitution. If it has to be decided on by SCOTUS, the issue has already been through a number of other checks and balances. SCOTUS decisions are part of the American democratic process, and it's incredibly disingenuous of Scalia to complain about it.
Basically the "this is not democratic process!" is a standard dog-whistle cry put forward when conservatives lose a vote. Progressives have their own cries, of course, but "this isn't democratic, and the proof is that I didn't win" is a standard losing conservative trope.