Thursday, July 27, 2006

Slate's "Rational Lampoon"

Click on over to Slate for Dahlia Lithwick's slamming of the cowardly Washington State Supreme Court same-sex-marriage non-decision. She uses humor, but doesn't shy from the issues.

Specifically, the majority judges seemed afraid to rule on the issues. Instead, as New York's did and Massachusetts' did not, they wrote that marriage was a pure legislative matter.

Discriminate? Not us. It was those guys in the State House.

She compares and contrasts the three states' rulings, but constantly returns to the Washington court's failure of duty. She points out how they twisted the issue, so that they would have supported the lower courts' overruling of the state DOMA only if they saw it as insane and entirely irrational.

Lithwick writes, "As the Washington State Supreme Court proved today, it almost doesn't matter, in the end. Because once you concede that only patently moronic bans may be struck down, you'll arrive at the same result."

This shirking of legal responsibility seems to play out too often. The myth of activist judges must remain on display meanwhile alongside that of liberal media.

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