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re: SCOTUS Reasoning

Posted on 6/16/20 at 2:00 pm to
Posted by Meatflap
Houston, TX
Member since Jun 2014
70 posts
Posted on 6/16/20 at 2:00 pm to
It is pretty strange how language evolves from one generation to the next, and I agree that in the 1960s, when the Civil Rights Act was written, they may not have considered LGBTQ people as needing protection from discrimination. But sixty years later, those people who are charged with interpreting those words, do.
Posted by FooManChoo
Member since Dec 2012
41725 posts
Posted on 6/16/20 at 3:05 pm to
quote:

It is pretty strange how language evolves from one generation to the next, and I agree that in the 1960s, when the Civil Rights Act was written, they may not have considered LGBTQ people as needing protection from discrimination. But sixty years later, those people who are charged with interpreting those words, do
Yes, and it isn't the role of the judiciary to extend application of a law to where it wasn't intended. It's not the role of the judicial branch to right social wrongs. They exist to apply the law towards instances of legal injustice. Congress is responsible for tackling the tough issues of discrimination and fairness and what is right for our nation and culture through the process of making law. The judiciary is responsible for making sure that the laws made are within the boundaries set forth by the Constitution and ensure equal justice according to those constitutional laws

Again, it isn't the job of those in black robes to determine policy. It's the job of Congress to address those issues. The reason for this is that policy makers are accountable to the people and will be held accountable if they go against the will of their constituents. We have separation of powers and those in the judiciary--as those in the other two branches--are supposed to stay in their respective lanes.
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