Tuesday, November 18, 2003

Renee Landers: I am sure that a great many people saw the U.S. Supreme Court's ruling in 1967 in Loving v. Virginia, stating that prohibitions on inter-racial marriages were unconstitution, in the same way given the societal prejudices of the time. Those societal prejudices and disapprovals of inter-racial marriages continue to exist today. The role of the courts is to allow individuals to exercise their rights despite the operation of irrational majoritarian prejudices. There have always been questions about how much the courts should force changes in behavior, if not actual attitudes. Another example is in the area of abortion rights. Some say the U.S. Supreme Court's decision in Roe v. Wade prompted a backlash against the abortion rights movement. Because the decision is unpopular is not a reason for courts to allow discrimination to continue. The point of our political system is for the courts to serve as a buffer against discrimination.

2:54 PM |