Thursday, August 5, 2010
Overturning Prop 8 is bad for everyone, even Gay Rights Supporters
On August 4th, U.S. District Judge Vaughn R. Walker declared California's ban on same-sex marriage unconstitutional based on federal constitutional grounds. California "has no interest in differentiating between same-sex and opposite-sex unions" he said in his 136-page ruling. Vaughn said the ban violated the federal constitutional guarantees of equal protection and of due process.
Yes 6,838,107 52.3%
No 6,246,463 47.7%
Total votes 13,084,570 100.00%
Voter turnout 79.42%
So here's where the cheers went up, the Gay Rights Supporters, who were crushed when Prop 8 was passed, were now jumping up and down with glee. Supporters of the Proposition were crushed, wondering what happened. Something simple happened. A self-serving creep in black robes decided he would decide what was right. HE would nullify the wishes of nearly 7 million voters by overturning this Proposition. HIS vote was more important than 7 million people. One man, one vote? Not to Judge Walker.
This issue is shrouded by the nature of the subject. Gay Marriage is a hot button issue and emotions tend to get in the way of intellect. Let's remove the issue at hand, or, better yet, reverse it. Say the Proposition was defeated and Gay Marriage was passed in 2008. Now, stick with me here, imagine a heterosexual judge (Judge Vaughn Walker is a homosexual) overturning the decree based on a constitutional something-or-other. NOW are the Gay Rights advocates cheering? Doubtful.
A Proposition goes through tests of constitutionality before it is placed on a ballot. Proposition 8 passed this test. A majority of voters agreed with the stated goals of Proposition 8. This majority voted for its approval yet one person, one judge, decided he would thwart the will of the people. Take the sensitive nature of the Proposition out of the equation. A majority of the populace voted for something and one judge took it upon himself to deny this vote. Is this not a dangerous precedent? Should we not be outraged that one activist judge believes he can alter the vote of nearly 7 million Californians instead of celebrating this particular initiative? What if next time a judge overturns something YOU and the majority of your area voted for fair and square based on some loophole. If you celebrate this single judge's decision then you will have no right to rail against the next judge who places him or herself above the voters.
You see, it doesn't matter what the subject is. My point is that a grave miscarriage of justice happened on August 4th and it is being lost within a debate about whether two men or two women should have a right to get married*. Next up will be a decision by California's 9th Circuit Court of Appeals, a liberal institution that will, likely, approve of Judge Walker's decision. From there the U.S. Supreme Court will take it on. My prediction is that they will overturn it by a vote of 5-4. This entire circus will have gone on far too long and proven dangerous to our democracy. Try to look past the Gay Rights/Support of Marriage aspect of this situaion. There is a larger point here. Please consider it.
*California is one of the few states in which gay partners are granted all the civil rights of a married couple by the way.