The debate over the separation of powers in the government is never-ending. When a member of one party is elected to the White House, the other party is quick to accuse the new president of overstepping his authority as head of the executive branch.
Such accusations aren’t limited to the president, however, as other officials, such as judges, are often accused of doing the same. This has become more prevalent recently with the growing number of court rulings striking down part or all of states’ bans on same-sex marriage.
Social conservatives denounce these rulings as being politically motivated or as efforts by judges to push their own agendas, which is not only disappointing, but also often untrue. “Judicial activism,” as it’s called by opponents, is really one of the most powerful tools to correct injustices available today.
The debate over same-sex marriage is a perfect example of how judges can positively impact the lives of thousands of people. Over the last decade and a half, voters in 31 states approved demeaning and discriminatory constitutional amendments that prohibited same-sex couples from marrying.
As a result of these amendments, legislatures friendly to gay rights, such as California’s, couldn’t extend the right to marry to all people. Despite this obstacle, same-sex couples there eventually gained the right to marry last June when the Supreme Court ruled in their favor.
Since then, a handful of lower federal courts have also ruled in favor of same-sex marriage. The amendments in Utah, Oklahoma and Virginia were struck down, and states like Kentucky and Ohio saw their bans weakened. State courts in New Jersey and New Mexico reached similar conclusions.
Thanks to groups such as the ACLU, who have filed lawsuits against other state’s bans, more courts will soon follow.
Without judicial activism, discrimination would have endured in those states. With judicial activism, those states and more are poised to allow people to marry regardless of sexual orientation, and when all 50 states do, so-called activist judges will be largely to thank for that tremendous milestone.