CU law professor: pro-gay-marriage the right decision, but Iowa court wrongly decided case

University of Colorado law professor Paul Campos at The Daily Beast:

Again, this kind of judicial policymaking lacks any kind of genuine legal content. The question the court is answering is a legal one only in the trivial sense that it’s a subject of legislation. Whether gay marriage ought to be legal is a political question, regarding which lawyers in general and judges in particular have no special insight.

All of this should be blatantly obvious. If the justices of the Iowa Supreme Court actually understood what they were doing, and then chose to be candid about it, the court’s opinion would have read something like this:

“We are wise people, who are better educated and less prone to prejudice than most of our fellow citizens. Therefore, it’s a good thing that certain very important questions should be decided by us rather than by the voting public. This is one of those questions. So we’re going to decide it.”

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