The Real Choice: Judges Who Enforce the Constitution v. Rubber Stamps

DID YOU KNOW?

Six of the seven justices on the Massachusetts Supreme Judicial Court who ruled same-sex couples have the right to marry were appointed by Republicans.
(Source: Lambda Legal Judging Discrimination Campaign).

The real choice is not between “activist” and “non-activist” judges, or even between conservative and liberal judges. It is between judges who will enforce the Constitution to protect equal rights for all and judges who act as rubber stamps for discriminatory laws. Those who criticize “activist judges” want judges who will narrowly and selectively enforce the Constitution so as to exclude gay, lesbian, bisexual and transgender Americans from its protections. They want judges who will look the other way when Congress passes discriminatory laws. We want judges who will fulfill their important role of guaranteeing equal rights for all, including GLBT Americans. That is not activism, it is constitutional democracy.