Wednesday, January 20, 2010

Will democracy prevail in Prop. 8 trial?

We in America do not live in a democracy. Democracy is not threatened by having federal courts review a law or action to ensure it is Constitutional. America after all is a constitutional republic consisting of fifty states and some federal territory.

Last week a trial began in United States Federal Court in California, in which one of this nations premiere conservative lawyer’s is arguing that gays should be allow to get married. Mr. Theodore Olson the man who defended Bush in front of the Supreme Court during Bush v Gore, has joined his old nemesis, David Boies (Mr. Boies defended Mr. Gore in the same trial), in arguing that the actions of the State of California in redefining Marriage and who can be married is unconstitutional. They argue that the actions of the state are violations of the 14th Amendment of the US Constitution and thus should not be allowed. If they are successful gay marriage will be allowed thru out the nation

Every day since the Prop 8 appeals trial started I have been checking the Internet and blogs for news and opinion on the trial. I am tired of reading this bull about how a majority’s wishes have been over ruled by the wisdom the courts of this nation. Voting and elections is only part of how this nation governs and the courts are an equal branch.

The author of the article linked here and several like it argues that those are very bad reasons to redefine marriage as something other than one man and one woman. But he adds that at the heart of the court trial is "whether or not the principles of democracy will survive and whether or not seven-million voters in California have their vote count and whether or not the constitution of California can be overturned by a single judge in federal court."

Majority rule was specifically rejected by the founders of this nation. They wanted each state to have a fair shake so each state has two senators no matter its size. The bill of rights and subsequent amendments to the Constitution were to guarantee equal and fair treatment of the populace by the government.

This nation courts have routinely rejected majority rule when protecting civil rights whether its ensuring blacks and minorities are educated with whites or allowing contraception devices (including rubbers) to the public. I mean no one would think it’s rational to separate blacks and whites in every function of society, anymore that is. The Courts and the decisions it Judges make and this country upholds; is one thing that what makes this country great.

The trial may last another week and what ever the Judge’s ruling it’s sure to be appealed to the US Supreme Court. It may take a couple of years or it could be taken by the Court right away, but I do believe once there, they will have no constitutional foundation to prevent or disallow gay marriage. Of course time will tell but this trial is historic in of itself.

Thanks for reading. Take care and be safe



  1. Good post. It's been a while since you posted, or that I saw you online. I hope you're doing well.

  2. really intersting. It is kinda of bullshit to say that just because a judge rules otherwise, gay marriage would be a tyranny of the minority. And no way in the Supreme Court, if it reaches that far, will uphold marriage between man and woman exclusively.

    I didn't know about the lawyers, that's pretty cool.

  3. Yay for separation of powers! I can't believe some people want to belittle one of the 3 branches of government! It is just as an important part of this republic as any other aspect is.

  4. What a great thing to read. We forget that no matter how "open minded" we think ourselves, or how educated. There's always something more to it than we often see. Thanks for broadening my mind.

  5. Maybe one day, if I get married, I'll look back on those who were on the wrong side of history and feel bad for them. But who knows . . .

  6. I have always thought it the purpose of the courts to protect the rights and liberties of minority groups from a tyranny of the majority. The courts are there to ensure that the majority cannot take away the rights and equal treatment of minorities... Equality and justice are the conerstone of our democracy and if we cannot let simple majority decisions efface those values.

    It blows my mind to think why people would even care that people can marry people of the same sex. Like seriously you dont have to get a same sex marriage if you dont want to, and by prohibiting gay marriage youre not stopping gay people from being together, you're just stopping them from enjoying equal liberties and protections in their life long relationships. It is discrimination of the highest kind to question to not legally respect the life decisions of gay persons simply because your values do not match up to theirs...

    anyways I hope that the courts protect the right and liberties of gay persons.