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Process. and who gives them the right to do that if it s not in the constitution? wr is the right of the court to substitute its views for that of the elected representatives of the people? the court has interpreted the 14th amendment to include this component. the unenumerated right to substantative due process and the court has said that the kinds of things that qualify are are implicit in the concept of ordered liberty or deeply rooted in our nation s history and tradition. those are standards that identify narrow set of activities. well, judge, in the oberfell case, justices roberts, in his descent, noted the court invalidated marriage laws of ....
Vilified as unwilling to assent to this new orthodoxy? so, senator, i understand hath concern and because there are cases that are addressing these sorts of issues, i m not in a position to comment about either my personal views or whether and i m not asking you to. justice alito, in the oberfell case says i assume those who cling to the old believes will be able to whisper their thoughts in the recesses of their homes. but if they repeat those views in public, they will risk being labelled as bigots. and treated as such by government employers and schools. and the case, to nerd out with you again, was decided under a doctrine known as substantive ....
0 of marriage, correct? i am aware there are various religious faiths that define marriage in a traditional way. do you see that when the supreme court makes a dramatic pronouncement about the invalidity about state marriage laws, it will inevitably set in conflict between those who ascribe to the supreme court s edict and those who have a firmly held religious belief that marriage is between a man and a woman? well, senator, these issues are being litigated, as you know, throughout the courts i as people raise issues and so, i m limited in what i can say about them. i m aware there are cases i m not asking you to decide a case or predict how you would decide in the future. i m asking isn t it apparent that when the supreme court decided something that is not even in the constitution is a fundamental right and no state can pass any law that conflicts with the supreme court s edict, particularly in an area where people have sincerely held religious believes, doesn t that effec ....