Saturday, December 03, 2005

Smart Kansas Talk

In refreshing proof that Kansas has smart people as well fundies, Supreme Court Chief Justice Kay McFarland wove a plain, strong web of reason about Massachusetts' judicial interpretation favoring same-sex marriage.

Taking on the let-the-people-decide-what-rights-to-share forces, she said, "Judges should not put their fingers up and see which way the wind is blowing. That's at the heart of judicial independence."

During a workshop for judges and newspaper sorts, she added, "Unfortunately, we're in a time where people who are in some very responsible positions and who shouldn't be in the category of extremists are stating extreme views." She cited both the Massachusetts SJC ruling and the Florida decision to remove Terry Schiavo's feeding tube.

Judges are supposed to uphold the rule of law and not bow to popular opinion, she noted. In addition, other judges in the workshop said that Americans didn't know enough about how courts work.

This was not entirely centered on our commonwealth law. However, we would note that the history of this nation has been until recently that what is not forbidden is permitted. The Baby Boomers heard growing up that this differentiated us from Soviet Russians, who lived where what was not specifically permitted was forbidden.

It appears that many special interest groups as well as politicians and our POTUS would like to force their politics and religion on everyone, heading toward just the type of restrictions that dictatorial states foster. How can our leaders demand that other nations aim toward freeing their citizens while our own leaders want to limit ours?

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