Its central focus on emotions erodes moral principles and law.
By Matthew J. Franck
from the April 10, 2009 edition
When the Iowa Supreme Court proclaimed last Friday that gays have a right to marry, it insisted that its groundbreaking decision rested squarely on the state constitution's equal protection clause.
In reality, the court's bland overturning of foundational moral principles and many centuries of civilization shows what happens when judicial arrogance becomes second nature: It transforms into smug self-deception.
By allowing feelings and desire to replace moral reasoning – or at least a fair-minded reading of the constitution – as the basis for judgment of lawful public morality, the Iowa court, like American judicial power more broadly, has burst free of all constraints and is now in the grip of a banal routinization of tyranny.
"Tyranny" is a strong word, but consider: