Yay for Connecticut! - Mo's Journal — LiveJournal
Yay for Connecticut!|
|Date:||October 10th, 2008 10:31 pm (UTC)|| |
Maybe; I don't know enough about that case to say. But did the Loving case come before many or most states got rid of their anti-miscegenation laws due to popular demand, or after? Because if it's the latter I think my point stands- legislative change is more likely to do the grinding work of winning hearts and minds.
I'm thinking of Brown v. Board of Education. That was a decision made when a lot people were just not ready. It wasn't wrongly decided, of course, but it sure as hell didn't change people's minds. Resistance to school integration was massive and violent. What that did do was bring racism and civil rights to the forefront of the national conversation, which got people's attention and gave fuel to the slower work of legislative and social reform. Which is why the Civil Rights Act of 1964 wasn't greeted with nearly as much animus- it took over a decade, but a lot more minds were changed by then.
Court decisions are the spark plug; lobbyists and protesters are all the widgets that actually make the engine of social reform run, IMO. It's how we get from Bowers v. Hardwick to Lawrence v. Texas without inciting riots, and make sure that the laws we draft are ones people actually want to follow.
|Date:||October 11th, 2008 02:11 am (UTC)|| |
You see, I think just the opposite lesson is learned from Brown, that it was necessary to have the court decision in order to change people's minds. And that was the hope with Hardwick - that there would be huge resistance, of course, to revocation of sodomy laws, but eventually people's minds would be changed. Only it didn't get decided the way we thought it would.
Roe got decided the way you suggest - after the majority of USAmericans believed women should decide on their own whether to continue a pregnancy. And it hasn't exactly worked out that that made it free of post-decision controversy.
I don't think there's a right way or a less contentious way to gain civil rights. It always happens with struggle and we need all three branches involved.