.....Advertisement.....
.....Advertisement.....

MY WORD: Cautions against court-led legislation

-A A +A

This month two federal courts issued opinions that effect U.S. citizens’ constitutional rights: the U.S. Supreme Court’s decision in Sebelius v. Hobby Lobby and U.S. District Judge Heyburn’s decision in Love v. Steve Beshear. In Hobby Lobby the Court, in a 5 to 4 decision, held that some family owned or other closely held businesses could opt out of a federal requirement to pay for some types of contraception in health care coverage for their workers based on religious objections. The Love case held that Kentucky’s ban on same sex marriage is unconstitutional.

No matter where you stand on the issues, in our system of government the people hold the ultimate power and the people have the right to control their future.

Today many courts rule by this notion of a “living constitution” or that the Constitution should be interpreted in accordance with the times.

The Constitution is not a living organism. It is a legal text. While it does mention religious freedom, it does not address the issue of gay marriage. States hold the ultimate power to determine laws controlling marriage, and any question of gay marriage should be resolved at the state level.

Any changes to the state’s marriage laws should be left to the people through their elected officials. Legislating from the bench gives too much power to the courts and it allows them to govern. Judicial legislation violates the valued and treasured principle that has defined our country since its founding – that the three branches of government, which are equal, are separate.

 

Teresa L. Cunningham, Esq., is a candidate for the Kentucky Supreme Court’s 6th District.