"Making matters worse, if Trump is elected this year he could veto any congressional attempt to reverse such a disastrous ruling of the Court by passing a law guaranteeing same sex marriage rights."

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[–] MudMan@kbin.social 7 points 8 months ago

It's not a matter of science vs belief, it's a matter of law versus dogma.

Law is a consensus that, at least in a democracy, aims to set some rule and the consequences of it in advance so that whenever a case applies it is at least relatively predictable and applied equally in each case.

If you pass judgement based on the things you like, or in the religious beliefs you profess you're not following the law, your imparting dogma. Imposing it, in fact, over others.

You can absolutely make unjust laws, but at least those are the result of a process. In a democracy you can at least understands what steps lead to rectifying an unjust law.

If a person with power decides they don't like you and they apply that belief inconsistently, irrationally and without following consistent rules there is no recourse or path for society to correct itself (beyond violent revolt, presumably).

Judges don't need to listen to their heart. Judges need to apply laws generated in a functional system that captures the will of an informed people in a predictable, equitable manner. Judges ruling based on personal beliefs, whether you agree with them or not, are a tyranical manifestation and a very scary thing.