During Senator Cornyn's opening remarks yesterday, after describing the historic ruling in
Lawrence v. Texas which overturned a previous ruling in
Bowers v. Hardwick, he asked "what changed in the intervening time? The Constitution? Clearly not. The members of the Court?"
While there are many distinct and important differences between the fight for equality for the GLBT community and those still not acheived by the African American and other racial minorities, I have my own question to ask Senator Cornyn. Senator Cornyn: What changed in the intervening time between the disasterous ruling in
Plessy v. Ferguson and
Brown v. Board of Education?
The fact remains that those who were opposed to the
Brown decision, called that ruling "judicial activism". Sound familiar?
What many on the other side of equality fail to recognize is that the Constitution was designed to be flexible and grow with the times. The drafters intended it it. In fact, Thomas Jefforson, in talking about the Constitution remarked, "We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors."
As questions begin this morning, it is important to recognize that this debate is one that is fundamental and has been fundamental to our country since it's inception. Does the nominee believe that rights and liberties are what they were when the Constitution was written or amended or should it protect all of us, through a reasonable, fair and independent interpretation of the law? We may not know John Roberts' views but we should work hard to find out.