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Thomas Maj's avatar

In response to California Governor Newsome: The governor assures Californians that the recent Supreme Court decision changes nothing in his state, and that California remains committed to treating every citizen with dignity and respect. One hopes this is true, because dignity is owed to every person simply by virtue of being human. It is not, however, the same thing as agreement with every public policy advanced in its name.

Our political vocabulary has become impoverished by the habit of equating disagreement with disrespect. Constitutional government depends upon precisely the opposite assumption: that reasonable people, acting in good faith, will often disagree about profound moral and legal questions.

The Court’s function is not to ratify fashionable opinion but to determine the meaning of law. Governors are equally entitled to pursue policies consistent with state law. But neither branch should pretend that judicial disagreement constitutes an assault upon human worth.

California has chosen to place itself at the forefront of expanding transgender rights. That is its prerogative within constitutional limits. It is not, however, evidence of superior enlightenment. States have long served as laboratories of democracy, producing both notable successes and memorable mistakes. Confidence is not the same thing as wisdom.

The governor’s invocation of “the strongest record” reflects a modern tendency to measure virtue by the quantity of governmental action rather than the quality of constitutional reasoning. Rights deserve careful definition because genuine rights inevitably collide with other legitimate claims: parental authority, religious liberty, freedom of association, privacy, and the protection of women’s sports and spaces.

The republic is best served when these competing interests are debated soberly rather than resolved by slogans. The Constitution requires governments to respect persons. It does not require citizens to surrender their judgment whenever elected officials declare a debate concluded.

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