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Prop 8 Ruling CA - Bad from O-ist POV

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The concern shouldn't be about whatever outcome is desired - that's pragmatism - the concern is the process, and whether it is moral.

Rejecting full support of "the process" in favor of a desired outcome isn't pragmatism. Pragmatism is the rejection of principled thought in favor of a concrete result.

The reason why "we scared you out of your argument" the first time is because there was no principled thought backing up the notion that the majority can define its way around the equal protection clause in the Constitution.

Our government is morally legitimate if not very very flawed. So we have to uphold its processes, even when the flaws are manifested.

Excellent example of Pragmatism. You are sacrificing moral principles (dismissing moral "flaws"), for the sake of a concrete desired outcome (maintaining the process).

You're just pretending that the process is somehow the abstraction, and our petty principles are just concretes, to make putting them ahead of the process Pragmatism. That's an up side down argument. I realize that the US government is big, but it still hasn't reached mythical abstract-hood, that is still the prerogative of out puny moral principles.

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  • 1 year later...

So, I have a question -

Didn't Judge Walker defy binding precedent by ruling in favor of Perry, on the grounds that it was a violation of Due Process and the Equal Proteciton Clause? Baker v. Nelson, 409 U.S. 810, 34 L.E.2d 65, 93 S Ct 37 (1972), is a Supreme Court case, which is a higher jurisdiction than the U.S. District Court for the Northern District of California. Since Judge Walker refused to rule along with a lawsuit much similar to the one he judged, he violated binding precedent.

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