# The Mass. Goodridge decision was not judical activism. **URL:** \ **Category:** The BBQ Pit\ **Created:** [September 6, 2005, 4:48pm UTC](https://boards.straightdope.com/t/the-mass-goodridge-decision-was-not-judical-activism/320360 "2005-09-06T16:48:07Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Scott\_Plaid](https://avatars.discourse-cdn.com/v4/letter/s/258eb7/32.png) [@Scott\_Plaid](https://boards.straightdope.com/u/Scott_Plaid)\ **Post date:** [September 6, 2005, 4:48pm UTC](https://boards.straightdope.com/t/the-mass-goodridge-decision-was-not-judical-activism/320360/1 "2005-09-06T16:48:07Z")
I have started this thread due to the fact that [another thread](http://boards.straightdope.com/sdmb/showthread.php?t=333031) is being hijacked. I have put it in the pit, rather than GD, so I can say how I feel about this issue. Fuckity fuck with a cherry on top, I am getting tired off this. ---
**Author:** ![Scott\_Plaid](https://avatars.discourse-cdn.com/v4/letter/s/258eb7/32.png) [@Scott\_Plaid](https://boards.straightdope.com/u/Scott_Plaid)\ **Post date:** [September 6, 2005, 5:02pm UTC](https://boards.straightdope.com/t/the-mass-goodridge-decision-was-not-judical-activism/320360/2 "2005-09-06T17:02:03Z")
I need to get going soon, but before I go, here is a quote from [For once, I’m proud of my State Legislature](http://boards.straightdope.com/sdmb/showthread.php?t=332998) that is not _quite_ how I view the situation but is close enough for government work. > [@Grelby](#): > > **Bricker** , I think you may just have been mildly whooshed. The way I saw **Scott Plaid’s** comment was this: > > 1. Opponents of SSM complained about “activist judges” when the MA SJC ruled that SSM could not be forbidden under the state constitution, saying that such laws MUST be passed by legislature as the “will of the people.” > 2. This law was passed by the legislature (Well, by part of it). > 3. In one of the articles above (don’t remember which one) one of the opponents was cited as saying (paraphrased): “The people will be upset to learn that the legislature defied their votes in 2000, this is not their will.” > 4. WTF? > > I dunno, that’s the way I saw it. More of a comment on the cognitive dissonance one may experience upon seeing those two arguments next to each other. ---
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [September 6, 2005, 5:28pm UTC](https://boards.straightdope.com/t/the-mass-goodridge-decision-was-not-judical-activism/320360/3 "2005-09-06T17:28:32Z")
> [@Scott Plaid](#): > > I need to get going soon, but before I go,… When come back, bring rant. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [September 6, 2005, 5:39pm UTC](https://boards.straightdope.com/t/the-mass-goodridge-decision-was-not-judical-activism/320360/4 "2005-09-06T17:39:39Z")
BWAHAHAHAHA!! **Scott** , the quote by **Grelby** and his use of the word “legislature” refers to CALIFORNIA’S legislature. It is not in any way a comment upon “activist” or any other word as applied to the Massachusetts situation. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [September 6, 2005, 9:21pm UTC](https://boards.straightdope.com/t/the-mass-goodridge-decision-was-not-judical-activism/320360/5 "2005-09-06T21:21:02Z")
> [@Scott Plaid](#): > > …I am getting tired off this. Oh Irony, thy name is Scott Plaid. ---
**Author:** ![Contrapuntal](https://avatars.discourse-cdn.com/v4/letter/c/e274bd/32.png) [@Contrapuntal](https://boards.straightdope.com/u/Contrapuntal)\ **Post date:** [September 6, 2005, 9:25pm UTC](https://boards.straightdope.com/t/the-mass-goodridge-decision-was-not-judical-activism/320360/6 "2005-09-06T21:25:49Z")
> [@Scott Plaid](#): > > …I am getting tired off this. > [@John Mace](#): > > Oh Irony, thy name is Scott Plaid. If he comes back I suspect he’ll be worn out as well. ---
**Author:** ![Scott\_Plaid](https://avatars.discourse-cdn.com/v4/letter/s/258eb7/32.png) [@Scott\_Plaid](https://boards.straightdope.com/u/Scott_Plaid)\ **Post date:** [September 6, 2005, 10:41pm UTC](https://boards.straightdope.com/t/the-mass-goodridge-decision-was-not-judical-activism/320360/7 "2005-09-06T22:41:37Z")
> [@Bricker](#): > > BWAHAHAHAHA!! > > **Scott** , the quote by **Grelby** and his use of the word “legislature” refers to CALIFORNIA’S legislature. It is not in any way a comment upon “activist” or any other word as applied to the Massachusetts situation. You misunderstand. I quoted that post becuse it summerized my argument about the self-hijack you are perpetuating in the thread that spawned this. So maybe a few words were out of context in my quote. Big deal. ---
**Author:** ![Giraffe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giraffe/32/129_2.png) [@Giraffe](https://boards.straightdope.com/u/Giraffe)\ **Post date:** [September 6, 2005, 10:46pm UTC](https://boards.straightdope.com/t/the-mass-goodridge-decision-was-not-judical-activism/320360/8 "2005-09-06T22:46:58Z")
God _damn_ you suck at this, **Scott**. Your “pitting” consists of a nearly content-free OP and a quote from someone else in another thread which sort of overlaps with your position in the thread under discussion. Pathetic. ---
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [September 6, 2005, 10:47pm UTC](https://boards.straightdope.com/t/the-mass-goodridge-decision-was-not-judical-activism/320360/9 "2005-09-06T22:47:19Z")
> [@Scott Plaid](#): > > I quoted that post becuse it summerized my argument about the self-hijack you are perpetuating in the thread that spawned this. It made your argument 90 degrees and sunny, with a chance of late-afternoon thunderstorms? **Scott** , _what is_ your argument in your own words? Is it contained in your thread title? Is that all? ---
**Author:** ![Miller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/miller/32/481_2.png) [@Miller](https://boards.straightdope.com/u/Miller)\ **Post date:** [September 6, 2005, 11:01pm UTC](https://boards.straightdope.com/t/the-mass-goodridge-decision-was-not-judical-activism/320360/10 "2005-09-06T23:01:33Z")
**Scott** , once again, would you _please_ stop arguing in favor of gay rights? We really, really, really don’t need your “help.” ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [September 6, 2005, 11:02pm UTC](https://boards.straightdope.com/t/the-mass-goodridge-decision-was-not-judical-activism/320360/11 "2005-09-06T23:02:43Z")
> [@Miller](#): > > **Scott** , once again, would you _please_ stop arguing in favor of gay rights? We really, really, really don’t need your “help.” That is one of the funniest posts I’ve read all week. ---
**Author:** ![Scott\_Plaid](https://avatars.discourse-cdn.com/v4/letter/s/258eb7/32.png) [@Scott\_Plaid](https://boards.straightdope.com/u/Scott_Plaid)\ **Post date:** [September 6, 2005, 11:02pm UTC](https://boards.straightdope.com/t/the-mass-goodridge-decision-was-not-judical-activism/320360/12 "2005-09-06T23:02:55Z")
> [@This Year's Model](#): > > It made your argument 90 degrees and sunny, with a chance of late-afternoon thunderstorms? > > **Scott** , _what is_ your argument in your own words? Is it contained in your thread title? Is that all? You see, **Rick** started a thread praising the recent gay rights development. 🆒 Then, he commented “I have been sharply critical of efforts to force same-sex marriage into being by judicial fiat.” :rolleyes: Well, I could not stand that kind of nonsense. Then, one of the posters stated > [@Big Whistle](#): > > Excuse me. Can those who want to continue a past fight in this thread please take it the hell elsewhere? > > This thread is about California, and California alone. Well, while I feel that was a noble thing to say, nothing happened, so after correcting **Polycarp** ’s misinterpretation of what I was saying, I started this thread in hopes of staving off the hijack. ---
**Author:** ![Duke\_of\_Rat](https://avatars.discourse-cdn.com/v4/letter/d/ad7895/32.png) [@Duke\_of\_Rat](https://boards.straightdope.com/u/Duke_of_Rat)\ **Post date:** [September 6, 2005, 11:06pm UTC](https://boards.straightdope.com/t/the-mass-goodridge-decision-was-not-judical-activism/320360/13 "2005-09-06T23:06:45Z")
> [@This Year's Model](#): > > **Scott** , _what is_ your argument in your own words? Is it contained in your thread title? Is that all? I’m not sure Wiki has an article on this topic. ---
**Author:** ![Contrapuntal](https://avatars.discourse-cdn.com/v4/letter/c/e274bd/32.png) [@Contrapuntal](https://boards.straightdope.com/u/Contrapuntal)\ **Post date:** [September 6, 2005, 11:12pm UTC](https://boards.straightdope.com/t/the-mass-goodridge-decision-was-not-judical-activism/320360/14 "2005-09-06T23:12:49Z")
Just for shits and giggles you guys ought to wander over there and catch\*\* Scott’s\*\* correction of **Polycarp.** ---
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [September 6, 2005, 11:31pm UTC](https://boards.straightdope.com/t/the-mass-goodridge-decision-was-not-judical-activism/320360/15 "2005-09-06T23:31:22Z")
> [@Scott Plaid](#): > > You see, **Rick** started a thread praising the recent gay rights development. 🆒 Then, he commented “I have been sharply critical of efforts to force same-sex marriage into being by judicial fiat.” :rolleyes: > > Well, I could not stand that kind of nonsense. Since you feel so strongly about it, why didn’t you put an argument, a stance, or, hell, at least an insult in your OP? Content free doesn’t begin to describe it. Here, I’ll help: **Bricker** , you ignorant slut. How dare you cast aspersions on the Massachusetts Supreme Court? It is plain to all who have eyes to see that their ruling was based on a careful and logical reading of the Massachusetts constitution. Fuckity fuck with a cherry on top, I am getting tired off this. Then **Bricker** comes in to defend himself, and we’re off and running. ---
**Author:** ![Giraffe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giraffe/32/129_2.png) [@Giraffe](https://boards.straightdope.com/u/Giraffe)\ **Post date:** [September 6, 2005, 11:36pm UTC](https://boards.straightdope.com/t/the-mass-goodridge-decision-was-not-judical-activism/320360/16 "2005-09-06T23:36:51Z")
> [@This Year's Model](#): > > Since you feel so strongly about it, why didn’t you put an argument, a stance, or, hell, at least an insult in your OP? Content free doesn’t begin to describe it. Hey, he summarized what a couple of people said in the GD thread. What more do you want? **Thinking is hard, OK?** ---
**Author:** ![Scott\_Plaid](https://avatars.discourse-cdn.com/v4/letter/s/258eb7/32.png) [@Scott\_Plaid](https://boards.straightdope.com/u/Scott_Plaid)\ **Post date:** [September 6, 2005, 11:44pm UTC](https://boards.straightdope.com/t/the-mass-goodridge-decision-was-not-judical-activism/320360/17 "2005-09-06T23:44:05Z")
No, I just hoped to quickly divert the hijack, since I had to leave a few minutes later. I figured I would insult people later, when they posted here. So much for that. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [September 7, 2005, 12:19am UTC](https://boards.straightdope.com/t/the-mass-goodridge-decision-was-not-judical-activism/320360/18 "2005-09-07T00:19:08Z")
> [@This Year's Model](#): > > Then **Bricker** comes in to defend himself, and we’re off and running. Sorry, but I’m not going to argue a point by proxy. If you believe what you wrote, I’ll address it. If you’re merely assisting the classic unarmed man in a battle of wits, then I’ll pass. ---
**Author:** ![Scott\_Plaid](https://avatars.discourse-cdn.com/v4/letter/s/258eb7/32.png) [@Scott\_Plaid](https://boards.straightdope.com/u/Scott_Plaid)\ **Post date:** [September 7, 2005, 12:29am UTC](https://boards.straightdope.com/t/the-mass-goodridge-decision-was-not-judical-activism/320360/19 "2005-09-07T00:29:23Z")
> [@Bricker](#): > > Sorry, but I’m not going to argue a point by proxy. > > If you believe what you wrote, I’ll address it. What? Of course I believe that the case in Mass. wasn’t Judicial activism. You can’t seem to keep from referring to your belief that it was, and hijacked your own Calif. praising thread to say so, so I posted this thread. Tell me, how was it “judicial fiat”? P.S. I have no problem with arguing by proxy, since my case is so simple, so: > [@Diogenes the Cynic](#): > > The Mass decision was not a judicial fiat but a plain text interpretation of the state constitution. > > I actually think that **Bricker** has it backwards. Equal Protection is a guaranteed right under the US Constitution and is not something which falls under the purview of any legislative body. As long as heteros have the right to marry, then same-sex couples have that right as a default under the 14th amendment. Any attempt to block that right must be struck down by judicial review and there is nothing “activist” about it. It’s their job to strike down unconstitutional laws. > > It’s good that the Ca. legislature is trying to do the right thing, but it’s unfortunate that popular opinion is being allowed to interfere at all with any group’s right to be treated equally under the law. This is an issue which the people are not supposed to have any say about. ---
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [September 7, 2005, 12:51am UTC](https://boards.straightdope.com/t/the-mass-goodridge-decision-was-not-judical-activism/320360/20 "2005-09-07T00:51:46Z")
> [@Bricker](#): > > If you believe what you wrote, I’ll address it. If you’re merely assisting the classic unarmed man in a battle of wits, then I’ll pass. The latter. It was an example. It’s a matter on which I am still decidedly undecided, even after reading the threads in which you and other knowledgeable folks have discussed this in the past. I’m certainly not going to argue either side. [Next page](https://boards.straightdope.com/t/the-mass-goodridge-decision-was-not-judical-activism/320360.md?page=2)