Let me preface this by saying that this is not a discussion about my stance on California's proposition 8, the legislation that defined marriage as a union between one man and one woman. This article is about what I view as the real and much larger issue.
Lets first examine what happened in California's proposition 8. A proposal was made. Supporters of both sides campaigned by every means that they could to gain even more supporters. Voters turned up at the polls in record numbers to cast their vote on an issue. The votes were counted and like every contest one side lost and didn't like it.
Regardless of what side of this issue you are on this is what happened. The issue could have been about changing all roads to be painted white instead of black asphalt. To do white would allow more sun to be reflected and city tempratures to come down. To leave it black would cost less and actually prevent accidents because the sun wouldn't reflect in peoples eyes from the road. The cycle is the same, proposal, campaign, voters, and counting. It has been going on for a long time.
This process of rules being established by vote of the people is the foundation of a democratic society.
Now this is where I get scared. Yesterday the federal court overturned California's proposition 8 and all I see is people praising this wonderful decision and how awesome it is. I saw it tweeted, on facebook, in newspapers and radio programs. It was even hailed as a huge justice on 'So You Think You Can Dance' by one of the judges. But what were they praising? The were praising that the democratic process just got overthrown.
Yep, my whole concern with this issue is regardless of how I vote if I don't do it the way 'they' want, my vote will get the ol' heave-ho and 'they' will have it however they want. It doesn't matter the issue folks. It could be about what color to paint the street. Nope, you did it wrong, and we are going to repeal it. Tough crap!
The fact that people are thinking that this overturning of the law is just about marriage is absolutely beyond me. This could be about anything you find important. From school budgets to gun control to whether to go to war. If you don't do it the way 'they' want they will just find a way to get it done anyways. I think that George Carlin's words say it best. Basically, 'they' don't care about you, 'they' will do whatever 'they' want.
What I would rather see, what I am shocked is not happening, what should be done is have everyone on either side of this issue protest with big signs that say "Stop F***ing America!". Later, we can all play part of the democratic process again. Get a new bill proposed that overturns a previous bill, campaign our hearts out, and then have the voters come out. When it as all done, we can count the votes and see where it stands. Until then, I guess a whole bunch of people are really happy being raped over by Uncle Sam and the broken American System.
If slavery, civil rights, segregation and perhaps even declaring independence from England had been put to a vote the world would not be as we know it today.
@rick Declaration of Independence can hardly be compared here. It would be impossible to have a vote because of the totalitarian government set up under the king. The other three things sited there are all in relation to slavery, or the treatment of black americans, and while I am not thrilled with how the situation was handled, it was put to votes on several occasions.
You are supposing the Judicial branch has no accountability. “They”, as you call them, cannot do “whatever they want”. Judges are bound by law and they are checked by other judges and higher courts. This decision on Proposition 8 is expected to make it all the way to the Supreme Court and if that Court feels that Judge Walker’s decision is not backed by current law they will instruct him to change it accordingly.
“Current law” in this case is the “Due Process” and “Equal Protection” clauses of the 14th Amendment. Read the last four pages of Judge Walker’s decision here:
https://ecf.cand.uscourts.gov/cand/09cv2292/files/09cv2292-ORDER.pdf
And read up on the 14th Amendment:
http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution#Due_Process_Clause
Your analogy to painting the streets white is ridiculous. If the entire state of California voted to reinstate slavery, the Court would throw that out as well — probably for similar reasons. If the entire state of California voted to paint the streets magenta there would be no legal basis for any judge to do anything about it.
You are misunderstanding how our government works. We don’t vote on everything. Some things cannot be voted on. These things are constitutionally protected. That is what the constitution is for. It prevents states from voting away peoples rights.
Without judges enforcing the Constitution over states legislation, we could still have segregation in some states, slavery in others. Fundamental rights, those defined by the US Constitution cannot be abridged by any state.
Did you read the decision presented by the judge? Have you even read the 14th Amendment to the US Constitution?
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
This decision was not a raping, but an example of how our Government is supposed to work. Even crazy people like Glenn Beck should be proud that the US Constitution was upheld.
Thanks for the comments. I will read the link.
I think it to point out that the ‘they’ is a tongue and cheek reference to the owners of the country. Please see the George Carlin reference for an excellent explanation.
While I appreciate the drastic reference to reinstating Slavery I think it important to keep a certain degree of reality on it. Proposition 8 was about a legitamate current issue. Slavery is not a current issue and won’t be. Just like it is not a legitimate issue to start a concentration camp.
@lonnie: thanks for the reply. I have not read all the judges statements, but I have read the 14th ammendment, along with all the others.
Here is a bone to toss into the fray.
Isn’t Marriage a religious institution by nature?
So why is the federal, or even state governments getting involved in a religious issue.
Further more this is not an over turning of an “unconstitutional” law.
It is the overturning of a majority approved law that has been in standing since the nation was founded. And has been a law long before this nation was ever founded.
I agree with the author. When a small but vocal minority is capable of overturning the laws to suit their own desires, we have a problem. These groups are not interested in whats fair.
They are interested in seeing their agenda pushed forward.
These groups are tramping all over our rights, our voices, our ideals, our communities.
They don’t care about us so long as they get what they want.
@Zack Marriage was once a religious institution centuries ago. However it is now currently a social and legal institution.
In fact the Supreme Court of the United States defines marriage as a fundamental right.
From the case of Virginia vs. Loving (Interracial marriage)
“Marriage is one of the “basic civil rights of man,” fundamental to our very existence and survival…. To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State’s citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discrimination. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.”
Our Constitution and especially the 14th Amendment specifically guarantee that no State or any majority can violate the rights of any minority without Due Process.
As to “tramping all over your rights”, restoring the right to marry to all persons does not deny, restrict, damage, or affect your right to marry. Does not affect your right to your religious views and worship whatsoever.
“Fundamental to our very existence and survival…”
The same sex couples are incapable of either.
They do not procreate. Without the capability to procreate they hinder our survival and existence. That said, I am not against them living out their feelings, real or imagined that is how they see it. And whether I or anyone else likes it, its going to happen.
As to tramping over our rights, there is a side of this issue that many ignore.
And that is the aftermath. What happens in schools, in our communities and to the core family values that the citizens voted for in passing Prop 8?
They are already pushing to have same sex coupling taught as a normal everyday environment in our world, pushing to have school assemblies where they can present the “hip” look of the gay world. In current examples of them holding these assemblies opposing views are not allowed, and are even forcibly removed or taken down. Where is the equality in that?
The gay populace of the world is a minority, a very small minority. Does this mean that they should be ignored and otherwise passed by? No, but neither does it mean that we should cater to their every whim and desire because they are a minority and can, will and have threatened to sue or take those who would oppose them to court.
The release of names and businesses and the vandalism that took place after those against Prop 8 got those names was contrary to everything that the gay community has said they stand for. They were neither man or woman enough to admit defeat and look to alternatives, to admit to having done the acts of vandalism, threats and angry even threatening letters. And where was the media to be found during this aftermath? Nowhere.
Even in the heart of Salt Lake City, Utah they can’t keep the peace, be civil or respect another organizations beliefs. Yet they ask, even demand, that we respect theirs.
I am not allowed to stand up for what I believe in without being negatively labeled.
My voice is not an accepted thing as it is contrary to what a minority group believes in.
My views, my religion my beliefs are misconstrued in order to make myself and others look like the bad guys, all because we stood up for what we believe in and were willing to fight for it.
And if the Federal Government were to legalize these types of marriages it would put extreme pressure on the religious institutions of this nation. And the gay, lesbian and trans-gendered communities and organizations would only continue to push and further their cries of discrimination, the difference being it would now turn from the states to the religious institutions of this nation.
So yes, it does affect my rights, my religious views and my future family life.