“Making matters worse, if Trump is elected this year he could veto any congressional attempt to reverse such a disastrous ruling of the Court by passing a law guaranteeing same sex marriage rights.”
“Making matters worse, if Trump is elected this year he could veto any congressional attempt to reverse such a disastrous ruling of the Court by passing a law guaranteeing same sex marriage rights.”
Any judge who makes a ruling based on their personal beliefs rather than on factual evidence is not truly acting as a judge, but rather as a petulant child determined to force everyone else to do things their way. Allowing even a single ruling of law to be based on personal beliefs, whether religious or otherwise, reduces the entire court system to nothing more than a mockery of legal justice.
You just described most of the major SCOTUS rulings over the last couple of decades, at least.
Pretty much…
IANAL, but I dare guess judges do need beliefs. In the beginning, people thought Black people were not humans, and so equality of people in constitution did not apply. I might be factually wrong on this, but let’s assume it. To overcome this, sone judges have to abandon their racism and understand black people are people.
And while some areas of human issues can be discussed scientifically, like racism being completely wrong, some are difficult.
And if science can’t overcome an unjust law today, judges have to listen to their heart and do the right thing. Probably the left thing these days, though…
It seems like you just negated your own point though? If the justices believe black people do not have rights, and make rulings based on that, then they have ignored the letter of the law. On the other hand, ruling in favor of black people’s rights is actually making a judgement that follows the constitution (which makes no mention of race, religion, sexual preference, or anything else). Saying that all people are equal does not just apply to the people that you personally find equal, it means ALL. Making a judgement that same-sex couples have the same rights to marriage does not mean that a judge overcame their bigotry, it simply means that a judge ruled in favor of the letter of the law and did not let their personal feelings get in the way – they dd the job they were hired for rather than becoming a vindictive dictator.
I noticed. What I wanted to say was it can become a battle between the correct belief and the wrong belief. Especially if the law itself is interpreted wrongly and scientific evidence is difficult to acquire (which sometimes is).
True, if they don’t have an existing law to work from then you have to determine what the law should say. The problem is the current justices have set out to take away people’s rights rather than defend them. Like allowing same-sex marriages harms nobody, but conservatives would have you believe they are some how directly harmed by this (your hurt feelings do not constitute actual harm) or that children will somehow be sexually exploited by it (to which they’ve never been able to show a single case where that was true).
So maybe my earlier statement could be clarified by saying that making laws which intentionally sets people apart, allowing freedoms for one group while taking them away from another group for no reason other than “I don’t like something about them” is what is making a mockery of the legal system. I mean I could make the case that conservatives should not be allowed to vote based on their recent history of electing criminals and con men, as this is causing actual harm to the collective nation and to individuals, but that’s still just a judgement based on my personal beliefs even when actual physical and monetary harm can be shown, because such a law would still be taking away the rights of one group while still providing the same rights to another group that can have the same problems (even though those incidents are greatly reduced).
Agreed.
It’s not a matter of science vs belief, it’s a matter of law versus dogma.
Law is a consensus that, at least in a democracy, aims to set some rule and the consequences of it in advance so that whenever a case applies it is at least relatively predictable and applied equally in each case.
If you pass judgement based on the things you like, or in the religious beliefs you profess you’re not following the law, your imparting dogma. Imposing it, in fact, over others.
You can absolutely make unjust laws, but at least those are the result of a process. In a democracy you can at least understands what steps lead to rectifying an unjust law.
If a person with power decides they don’t like you and they apply that belief inconsistently, irrationally and without following consistent rules there is no recourse or path for society to correct itself (beyond violent revolt, presumably).
Judges don’t need to listen to their heart. Judges need to apply laws generated in a functional system that captures the will of an informed people in a predictable, equitable manner. Judges ruling based on personal beliefs, whether you agree with them or not, are a tyranical manifestation and a very scary thing.
A judge can’t make rulings solely based on facts, because facts cannot provide a foundation for ethics. Facts can only tell you the way things are, not the way they should be. Rulings should be informed by facts and based on the values of society as a whole.
I agree that they shouldn’t be based on the judge’s personal beliefs. I suppose our judicial system kind of makes this inevitable, though…