Utah Senate unanimously moves to decriminalize polygamy

[Mojo]

Do they not put propositions like that on the ballot?

Yes. You said you are not a fan of courts overturning things enacted democratically. Direct citizen approval of bullet trains to nowhere is democratic. A libertarian, conservative, strict constructionist, etc would say that a court interference in this matter would be necessary to maintain the integrity of the system (checks, balances, and the expenditure powers being reserved for a legislative body).

 

[Daniel DeLuca]

Yes. You said you are not a fan of courts overturning things enacted democratically. Direct citizen approval of bullet trains to nowhere is democratic. A libertarian, conservative, strict constructionist, etc would say that a court interference in this matter would be necessary to maintain the integrity of the system (checks, balances, and the expenditure powers being reserved for a legislative body).

Yes, but you said "Just ask Californians how that direct democracy works". I think it works the way most of them wanted it to work. I'm not saying it works out for the best. I am only saying that if I were to ask the people who asked for it, most of the ones who voted for it, are pleased that they got what they wanted.

 

[Mojo]

I think we're talking past each other and somethings getting lost in translation.

Bottom line: Courts should not legislate, and should generally stay out of as much day to day business as possible, but when necessary, they need to maintain the integrity of the constitutional process.

 

[Daniel DeLuca]

I think we're talking past each other and somethings getting lost in translation.

Bottom line: Courts should not legislate, and should generally stay out of as much day to day business as possible, but when necessary, they need to maintain the integrity of the constitutional process.

Interestingly enough, the Utah courts moved in that direction, before the appeals court rejected that decision, but it worked out that the democratic process, which had no intent to decriminalize polygamy, got a fire lit underneath them, which spurred them to do the right thing, and it is a decision that the people of Utah don't have shoved down their collective throats, which is the best of all scenarios.

 

[Joleneakamama]

Just ask Californians how that direct democracy works when talking about a bullet train to nowhere. Even we libertarians like the courts when they step in to make things constitutional. It's legislation form the bench that is anathema.

That depends on the judge and the law. This was an interesting look at it from another angle.

http://www.constitutionmythbusters.org/the-beauty-of-judicial-supremacy-part-1/

 

[Jeff Ray]

It is sometimes said that the legislature protects the interests of the majority, and the judiciary protects the rights of the minority. As a libertarian I certainly don't want activist judges, but I do want them to be active.

As for California, we are a mercurial bunch. Yes, we have a bunch of dumb laws because its a very blue state, and because the referendum system is routinely abused. On the other hand, we have one of the strongest anti-property tax laws in the country, and we have no affirmative action or racial set-asides, due to that same referendum process.

 

[rockfox]

Courts stick their nose the wind and see which way the deep state and populous is shifting. They're not apolitical nor impartial.

This sort of thing probably wouldn't be successful in non-Mormon states. Completely different cultural and legal play. Looking at the political situation from the outside, it seems the local (state?) DA's pushing for this is what made the difference. It was a 'for the children' more.

Put more cynically though...they sacrificed their control over the form of marriage to save their control over marriage itself. DV and child abuse are the feet into the door of that; both are widely abused to ensure the headship of women in marriage.

while I understand that the framers of our Constitution never intended to allow polygamy

They would have found the current system of government regulation of marriage repugnant.