Quote:
Originally Posted by valo403
The Court is not the government. I don't agree that what the court did was at all overruling the democratic process, but if someone sees it that way I can understand why they'd take issue with it.
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Quote:
Originally Posted by valo403
If that involved the judicial branch stepping outside of their judicial powers I'd have an issue with it. The judicial branch should be making rulings in accordance with the law, not changing the law to suit its idea of what is right.
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In the US, the Constitution is the supreme law of the land, and no body of government can pass laws that violate it, no matter how popular they are.
The Supreme Court was set up as the branch of government with the authority to examine laws and rule on their application and validity; it's fundamental purpose is to act as a check on the legislative and executive.
In finding DOMA unconstitutional and thus striking down the law, the Supreme Court was doing exactly what it needs to to keep the US democracy strong.
Edit: I'm not sure if I'm arguing against you or agreeing; I can't follow the thread of the argument you were involved in.