[prewett]

I think we pretty much agree. Rights and morality are pretty closely related, so when the court rules on rights, it's pretty close to morality.

I think what upsets people about "legislating from the bench" is things like at least 25 states pass laws or constitutional amendments banning some form of homosexual marriage [1], which clearly reflects a substantial will-of-the-people, and the Supreme Court overrules the expressed will of the people and says it's unconstitutional. So now these people, have to live in a society that legally tolerates something they think is wrong and/or harmful to society long-term. Regardless of your view of whether the Court was "right," you can certainly see why people would be upset with this. No matter what the Court rules, someone is going to be unhappy, but given that homosexuals are 3% of the population and are driving the other 97% (which had expressed their desires through the democratic process), you can see the problem.

(I think this is why conservative Christians are voting for Trump in large numbers, despite the fact that many of them think he is not a good candidate. They are voting for a Supreme Court nominator, not a government leader. As a conservative Christian myself, I think this is foolish, but there it is.)

[1] https://en.m.wikipedia.org/wiki/List_of_U.S._state_constitut...

[ctrlalt_g]

A lot has happened in the past decade, and it's not 3% driving the 97%, not that it ever was (http://www.pewforum.org/2016/05/12/changing-attitudes-on-gay...).

But either way, the percentage of people who believe certain morals does not matter. No matter what our individual beliefs are, we bind ourselves to the law of the land. That's what it means to have a constitution. Even if 100% of Americans wanted to take away your freedom of speech or your freedom to bear arms, we could not do it legally.

[prewett]

The 3% is the percentage of people who are homosexual, not the people that support them, but I see your point.

In this discussion I'm not taking sides, just noting that the court needs to decide quasi-moral questions. Our interpretation of the Constitution depends on our current beliefs (and might even lead to an interpretation that the original founders would have rejected). The constitution clearly says that we have a right of free speech. However, as far as I am aware, it does not state that we have a) a right to marry, b) a right to do homosexual acts, or c) a right for homosexuals to marry. In fact, I believe B and C were illegal for large periods of time (anti-sodomy laws). I suggest that the Founders probably would not have seen homosexual marriage as a right. Due to changing morals, however, the Supreme Court now views it as a right. Were the laws constitutional before but not now? Were they always unconstitutional, but nobody challenged them? As a thought experiment, if societal morals changes to believe that homosexuality is actively harmful to society, would anti-sodomy laws be constitutional? The process of interpretation of rights necessarily involves our current beliefs.