The fight for same-sex marriage in Australia is far from over
The Age 1 July 2015
It is disappointingly predictable that the media in Australia is obsessed by a slim majority activist US Supreme Court decision. At the same time there have been no reports of an elected representative vote in another country of 110-26 against same-sex marriage.
While we have heard much about the US Supreme Court’s extraordinary ruling that a right to marry someone of the same sex has – somehow – always been constitutional, there’s been hardly any mention about last week’s overwhelming vote against gay marriage in the Austrian legislature.
Most people in a democracy believe social policy should be determined by the people, not by dubious interpretation by an activist judiciary.
The US Supreme Court majority has set a dangerous precedent for the US by asserting that the American people have, since inception, somehow misunderstood their own constitution.
As dissenting Justice Antonin Scalia put it: “And to allow the policy question of same-sex marriage to be considered and resolved by a select, patrician, highly unrepresentative panel of nine is to violate a principle even more fundamental than no taxation without representation: no social transformation without representation.”
Scalia’s deep concern is sound.