I wrote the following right after I heard that a judge had ruled California’s ban on gay marriage unconstitutional. I hesitated to post it because…I’m not even sure why.
“I want gays to be able to live together under the same rules as heterosexuals. Same sex marriage should legal. Families deserve respect.
But I don’t think that the way to win this battle is through the courts. Here in California we were about to win at the ballot box. We were only three percent away. That is just a few hundred thousand people. Lets not end up with a tainted victory like abortion. Which is legal because the courts said it is legal and lot of people are still mad about it.
We need a clean win for gay marriage at the ballot box not in the Court”
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I guess the point is that certain things, such as our inalienable rights as people, should NOT be decided by popular vote.
Otherwise we might end up with fewer rights for unpopular people- you know, like Jews, blacks, gays, Mexicans, etc…
Scott You make a good point. The Constitution is clear about not discriminating against Jews or Blacks or Mexicans (apparently there is an exemption for undocumented) It was silent about Abortion, Women and Gays. Women got a constitutional amendment to fix their status and it worked. The right to abortion won in court and it is still contested. For areas where the constitution is silent we need the legislatures writing the rules not the courts and not agencies. (Insert sports metaphor and equate judges to umpires.)
For areas where the constitution is silent we need the legislatures writing the rules not the courts and not agencies.
Agreed-
as long as the legislation adheres to the precepts of the Constitution as it applies to equal rights, etc…