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

Cvn70

What About Bob and Marriage

Hello again and I hope you are well today. I got an email the other day and someone indicated they were looking forward to knowing a little about what makes me tick, so I thought I might described a bit about Bob for you all:

EDIT: Sorry I have confused so many but am not writing about myself here rather a friend of mine with the same name.

Bob has hazel eyes and auburn hair;
Bob drives a car from Sweden;
Bob grew up near Boston, Massachusetts USA;
Bob loves to attend sporting events;
Bob is very athletic even till this day, and he has the cutest butt;
Bob also has the cutest dimples;
Bob went to one of this countries bests business schools to get his masters degree, and I am not telling you which one;
Bob has never used drugs;
Bob used to have a Mohawk and an earring;
Bob used to have a six-pack but time has smoothed his abs;
Bob used to run long distances; and
My friend Bob doesn’t know how much I love him.

If you had met Bob during our college years when we met I think most of you would have understood how I felt about him, he was just so fit as my English friends say. Bob shares my name but unfortunately not my orientation. You know when you see someone who just makes you stop and stare, well meet Bob. The first time I saw him on campus I just knew I had to get to know him. That turned out to be easy as Bob and I both started out in engineering school. We found ourselves in several courses together. At some point he decided engineering wasn’t for him and he wanted to change majors. I was heart broken and remember trying to get him to change his mind.

As time marches on, I will probably tell you more about Bob as we travel down this road together but I have worked with Bob every day now for the last 15 years. It’s not perfect but every day I get to be with him and have him close. Bob is one of my best friends and loyal to a fault. He really is one of the things that keeps me going and gives me a reason to go to work every day. I hope you all have a friend like Bob someday as he clearly is one thing that makes me tick. Let me know if you have or had a Bob in your life or someone like him even closer to you.

Gay Marriage Update

On a side note, today Maine and last week New Hampshire’s legislators moved bills to legalize Gay Marriage. Rhode Island is now the only state in the New England which hasn’t legalized Gay Marriage or moved to legalized it. Maine and New Hampshire are following up on what Vermont did a couple of weeks ago when Vermont became the fourth state in the nation to legalize gay marriage. New York’s Governor has also submitted a bill to legalize Gay Marriage to his Legislators so New York could be next. California's Supreme Court has until the end of June to announce it position on the appeal of Prop 8. Guys if things go right we could have Gay Marriage eight states before the summer is done. Additionally the District of Columbia (where our nations capital is for all you readers form outside our borders) has agreed with New York and will recognize gay marriages from other states. I think the tide is turning and soon it will be legal through out our nation.

Once again thanks for all the support and I have to apologize to some of you for not having the time to thank all of you who I have not previously met and I will get an email to each of you soon. I have just been busy with real life issues and such. I guess in this economy I should be happy that I am busy but its getting tough out there for a lot of people and declaring bankruptcy appears to be a new trend for so many. So thanks for your patience and support.

And to all my friends’ writing papers, preparing for finals or working hard in any endeavor I would like to join my friend RC, a humorist, artist, a musician and University professor, in wishing you good luck and success. If you haven’t read RC’s blog Mental Doodles as of yet consider adding it your blog list as he posts almost daily and even Torchy reads it. . Lots of love to all and thanks for coming by today!


Take care and be safe

Cvn70