It is only seemingly applied in cases where the municipal/state/federal judges disagree with the stances conservatives take on issues. The most recent incarnation is a story I just read about a ruling in Florida on their gay adoption law.
Quote:
MIAMI – A judge on Tuesday ruled that a strict Florida law that blocks gay people from adopting children is unconstitutional, declaring there was no legal or scientific reason for sexual orientation alone to prohibit anyone from adopting.
Miami-Dade Circuit Judge Cindy Lederman said the 31-year-old law violates equal protection rights for the children and their prospective gay parents, rejecting the state's arguments that there is "a supposed dark cloud hovering over homes of homosexuals and their children."
She noted that gay people are allowed to be foster parents in Florida. "There is no rational basis to prohibit gay parents from adopting," she wrote in a 53-page ruling...John Stemberger, chairman of a successful drive earlier this month to pass a constitutional amendment banning gay marriage in Florida, called the ruling "classic judicial activism" and predicted it would be reversed on appeal.
Miami-Dade Circuit Judge Cindy Lederman said the 31-year-old law violates equal protection rights for the children and their prospective gay parents, rejecting the state's arguments that there is "a supposed dark cloud hovering over homes of homosexuals and their children."
She noted that gay people are allowed to be foster parents in Florida. "There is no rational basis to prohibit gay parents from adopting," she wrote in a 53-page ruling...John Stemberger, chairman of a successful drive earlier this month to pass a constitutional amendment banning gay marriage in Florida, called the ruling "classic judicial activism" and predicted it would be reversed on appeal.
Now what the fuck does that even mean? A judges job is to make rulings based on the cases brought before it based on their legality. This law seems not only mean spirited, but also not in a child's best interests. I'm not gay, and I've certainly never tried to adopt, but it seems to me that any parent is better than a foster home (excluding physically/psychologically abusive homes).
I've never seen the term "judicial activist" used outside of conservative circles. Is this a fairly recent thing in the last 10-20 years?
Edited, Nov 25th 2008 9:27pm by Paskil