I’ve just read this week’s court decision in Seattle ruling that gays have a right to marry. (Here’s a profile of the judge, William L. Dowling.) The decision is wonderfully written, very clear and readable. For some reason, though, the following excerpt, from the introduction, is one of my favorites:
Resolving their disagreement is, to be frank, a matter too big to be addressed to a lone individual and this author would naturally like nothing better than to stop at this point and, with a warm and sincere pat on the back, to send all parties off to the State Supreme Court or the State legislature or both.
I think this shows how difficult it must be for a judge to decide such a case today.
A milestone.
It is great decision, written in plain language, that is centered on real people rather than abstractions.
When the US Supreme Court some day does the right thing, I hope they honor him by quoting liberally from this decision.
Everyone should read it.
It’s an amazingly accessible read – the judge clearly wanted regular folks to follow his reasoning. I think he tried a bit too hard to come up with quotable prettiness, probably in the hopes of being remembered fondly by history, but I won’t hold that against him. The part you quoted is one of my favorites – so many judges use the excuse that legislatures should be deciding these things to mask bigotry or a fear of being labeled an “activist judge” (a phrase that chafes me to no end).