Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

So, for the record, I 100% support gay marriage and abortion rights.

What you have to realize about the US is that the Supreme Court deciding these issues is... controversial. Many view it as undemocratic (although it's worth noting that many of those same people don't feel the same way about the Supreme Court's pro-2nd Amendment interpretations of modern times).

We're still seeing the ripple effects of Roe v. Wade being decided almost 50 years ago.

As others have pointed out, Supreme Court precedent is only that until a later Supreme Court comes along and changes it and that could very well happen with the current court composition. And you need look no further than the Court's refusal to stay the Texas abortion law pending a full judicial review.

So the date this was decided doesn't really give any moral superiority here of the US over Australia for two reasons:

1. Australia's position was decided by a democratic process; and

2. With 62% (IIRC) of people approving of the change, the matter is effectively settled. No one can complain about it. As such you don't see any real conservative Christian blowback like you do in the US as witnessed by the statements of Tony Abbott and others.



> We're still seeing the ripple effects of Roe v. Wade being decided almost 50 years ago.

Abortion is far less of a political and cultural hot potato in Australia than in the US. While no doubt some of that is due to other cultural differences – for whatever reason, conservative Christianity has never been quite as strong an influence in Australia as in the US – I think a big factor is the difference in how abortion was legalised.

In Australia, there is no constitutional right to abortion. And yet abortion is legal nationwide. Its legality was achieved through a gradual process, involving state legislation, and state court decisions – those state court decisions were not based on constitutional law, rather the state courts simply decided to reinterpret the existing criminal laws against abortion to not apply to medical procedures. The federal courts stayed out of it completely, and constitutional rights never came into it, only statutory law – if they wanted to, the state parliaments could have overturned the state court decisions effectively legalising abortion, but they chose not to.

The fact that the process was much more gradual, and had greater democratic legitimacy, has helped make it less of a controversy. And since it happened through a series of state laws and state court decisions, opponents of legal abortion don't have one single highly visible event to focus all their opposition upon, like Roe v Wade is in the US. Almost every American has heard of Roe v Wade – even many non-Americans have – by contrast, few Australians know about the Menhennitt ruling (which de facto legalised abortion in the state of Victoria in 1969) or the Levine ruling (which did the same in New South Wales in 1971). American opponents of legal abortion focus most of their energy on trying to get justices appointed to the Supreme Court who will overturn Roe v Wade – the main purpose of this latest Texas law is to get a case before the Supreme Court which will give those justices an opportunity to do exactly that – its Australian opponents don't have any national focus, which in practice makes them a lot weaker.

It is totally consistent to support legal abortion, but to also think that Roe v Wade was a strategic mistake.


>doesn't really give any moral superiority here of the US over Australia for two reasons:

I wouldn't call the US morally superior here anyways. In fact, i think anyone after the US is really late to the party. The first US law was MA legalizing gay marriage in 2004. It took 11 years of fighting after to get to supreme court.


American liberals have a bizarre authoritarian idea of how governance/power works because they were spoiled for the Warren court for so long. They think of government as a tree of daddies and mommies of increasing wisdom and credentials with SCOTUS at the root, to gift you civil rights if you're pure of heart and can just word your petition correctly. They've completely given up on getting buy-in from the ignorant, downtrodden, misunderstood, and miseducated masses that vote for them (don't even ask about the ones who didn't.)

The recent ruling on the Texas heartbeat law might make a dent in that, although I doubt it.

Changes made by pure fiat don't last. Gay marriage in the US could absolutely turn out to have been temporary for just the reasons you explained.


Surely you could have mode your point ("Changes made by pure fiat don't last") without the diatribe overgeneralizing and insulting a large percentage of the American population?




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: