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Photo: Why can't those pesky judges just let America's most anti-gay special interest group subjugate taxpayers' rights?

by Jeremy Hooper

The Family Research Council is being victimized, ya'll:

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Those dang judges and their legal training. But a few things about this:

(1) By "voted for marriage," FRC means voted for civil discrimination of the kind that turned state constitutions into weapons against certain kinds of taxpayers. I understand why they say "for marriage" rather than "for inequality" because the know the ignobility attached to their latter. But their verbal tricks do nothing to change reality. History books will not be fooled.

(2) Tens of millions of Americans have also voted against FRC's agenda. If FRC wants to do this route, then they at least have to factor in the pro-equality votes and highlight the difference rather than just the one tally.

(3) I will also remind you that the last four times a ballot measure went before citizens, voters rejected the discrimination fourfold. This speaks to the rapidly changing trend lines of this conversation and where America really is circa 2014. In fact, it's likely that a great many of FRC's "voted for marriage [sic]" crew would make a different choice if granted a do-over.

(4) There are many states where no such ballot fight was held but where marriage equality likely would've prevailed. New York, New Jersey, and assorted New England states come to mind out as areas where we likely could've won a ballot fight yet local LGBT people and allies were spared the indignity of such a popularity contest.

(5) There are also many state legislatures who moved equality forward. These legislatures (and attorneys general and governors and other elected officials who made marriage equality a reality) were all put in place by votes of the people.

(6) Many of the "unelected judges" who brought us to where we are, in clouding a majority of the United States Supreme Court, were nominated/appointed by Republican presidents. Conservative Republican presidents, even. Presidents who FRC and a bulk of its devotees proudly supported. Let's always remember to mention that.

(7 and most importantly) The judiciary is crucial to the experiment that we call America. I know it's easy for opportunistic organizations that exploit ignorance (i.e. FRC) to play the "unelected judges" card to make everyday Joe feel like he had his freedom taken away, but their lowbrow game is both negligent and ahistorical. The courts have always played roles—and crucial ones—in civil rights conversations. The courts can, should, and do temper the notion of "majority rule" when it comes to minority rights. This is where the constitutional republic part of our representative democracy comes into play—and thankfully so!

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