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To: OldDeckHand
No sweetheart. I couldn't care less about this case, or homo marriage.

OK, so what is your position on the homosexual agenda in general and same-sex "marriage" in particular?

And, domestic law is about as far removed from my area of practice as you can get. You'll forgive me if I'm not up on the latest rulings stemming from a 1970's MN Supreme Court case.

They are quite important to the "law is the law" discussion, if what I suspect is true.

But, I have picked up on a disturbing trend amongst people who say that they're conservative thinking, but they sure do want some judicial activism when a particular case doesn't go their way.

What is your definition of judicial activism?

I'll say it one last time - judicial activism isn't OK when anyone does it or advocates for it, especially conservatives.

So that premise applies to Lawrence v. Texas, correct?

113 posted on 01/29/2010 8:36:55 PM PST by freedomwarrior998
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To: freedomwarrior998
"OK, so what is your position on the homosexual agenda in general and same-sex "marriage" in particular? "

I'm against, but it might be the right decision for you.

"They are quite important to the "law is the law" discussion, if what I suspect is true. "

Really, I'm quite sure that the Supreme Court has never ruled on the merits of any homosexual marriage or civil union case. It's very much unsettled law.

"What is your definition of judicial activism? "

If you are a jurist who is substituting your political beliefs (to include your moral, philosophical or religious beliefs) in the place of the written law to reach a decision you believe is just or in keeping with your political philosophy, then you are a judicial activist.

Sometimes - especially in lower court - jurists have to decide a case in a manner that they personal believe is immoral or unjust, but they are bound by oath to follow the law. It seems many here today are advocating that jurists abandon that oath to make decisions that they find more philosophically or theologically palatable.

"So that premise applies to Lawrence v. Texas, correct?"

Sure. Although I would never vote for a politician who thought that what went on in your bedroom was any of his business. This decision probably sets bad precedent for other unrelated cases, but I'm not going to cry over the fact that people in TX aren't going to be prosecuted for activities between two consenting adults. It's none of my business.

119 posted on 01/29/2010 8:55:20 PM PST by OldDeckHand
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