Steven Den Beste has a good commentary on the gay marriage issue that concludes with the line

"Let's be very clear on the real point I am trying to make: the issue of gay marriage should not be slipped through using arcane legal arguments before a court. It is fundamentally a political question, and it should be decided using political processes, taking into account the attitudes and opinions of the collective citizenry"

Read the whole thing Here

While I agree with him that it should be solved using the political process I think that he is overlooking the fact that nothing much seems to get solved politically these days, at least nothing remotely controversial. Hell the NY state legislature hasn’t been able to agree on a timely budget for 19 of the last 20 years and he expects them to take on Gay marriage? Say what you want about activist courts but I think that the courts have been somewhat forced into that role by the lack of backbone displayed by our elected representatives.