1 May 2014 adminPS
This is an intensely personal issue which should be decided by the woman. The government needs to stay out of this issue.
This issue should be decided by the people in a state-wide vote. The vote should preferably be in a presidential election year when the largest number of voters vote. This issue should not be determined by the legislature. The fact that the people voted on it once means it should only be changed with another statewide vote. The issue certainly should not be determined by an unelected judge. Judge Freidman’s ruling overturning the 1992 amendment which was passed by 59% of the voters is being appealed and will ultimately be decided by the Supreme Court.
Political judges overturning constitutional amendments is a dangerous and growing trend. Once judges start making more and more political decisions politicians on both sides of the aisle begin nominating more and more political judges. Judge Kennedy, a centrist judge on the Supreme Court recently said it best on the court’s affirmative action decision on a state constitutional amendment passed by Michigan’s voters. “We have to be careful to accept the right of voters to decide”. The right of the voters to decide is the core of a democracy.