Actually, it wasnt really a loosomg argument. It was a supreme court decision born out of wholcloth. This idea lost at the ballot box even so far as the far right state of california. The greater issue is the 10th amendment and the general concept of democracy. Whatever side of the issue you come down on or what you interpret as the role of government the judicial branch walking over the will of the people with no constitutional precedent is an afront to democracy not just limited government. This should have been the peoples decision.

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