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The Evolution Toward Judicial Independence In The Continuing Quest For Lgbt Equality, Susan J. Becker
The Evolution Toward Judicial Independence In The Continuing Quest For Lgbt Equality, Susan J. Becker
Law Faculty Articles and Essays
Judicial decisions that hold same-sex marriage bans unconstitutional, no matter how that conclusion is reached, overturn laws or constitutional provisions that were passed with the support of a democratic majority. This Article takes an in-depth look at judicial activism and judicial independence to determine whether such victories for same-sex litigants were done properly by the judiciary. In the eyes of the Framers, an independent judiciary was to be a crucial check on the other branches’ constitutional limitations. With this in mind, judicial independence—where, in contrast with activism, judges meticulously apply the well-examined facts to controlling precedent without accounting for majority …