Title

Judicial Tyranny: The Means to the Redefining of Marriage

Publication Date

Winter 12-8-2008

School

Helms School of Government

Major

Government: Pre-Law

Primary Subject Area

Law

Keywords

gay marriage, judicial tyranny

Disciplines

Jurisprudence | Law

Abstract

The United States is based on a jurisprudential foundation of natural law. The proper method of evaluating laws known as judicial review is used in the school of natural law. This method of review enables those interpreting the law to carry out the intent of natural law. However, the abuse of judicial review can lead to judicial tyranny. This activism (judicial tyranny) is the method that the judiciary has used in deciding numerous court cases dealing with homosexuality. Judicial tyranny, the negative aspect of judicial activism, is the method which has led to the current shift in the definition of the word “marriage.” Justices in the judiciary are abusing their power of judicial review in order to legislate from the bench. These activist decisions are a by-product of the improper views of the Constitution, this nation’s history, and precedent. These justices’ decisions are leading to social policy changes that could bolster secular ideology.