Not even beging for or against prop 8, I have to ask the question: What kind of message are we sending to voters in the state of Californiam, if a vote was passed and a decision was decided? They voted one way but now they are trying to change the law that was clearly voted on. It is saying that what the people wanted is wrong and their vote does not matter.
-Please note this isn't taking sides about the content of prop 8, but could apply to any law voted on and is a debate about principle
Interesting... Is the Supreme Court of California bound to protect against the Tyranny of the Majority? While a majority of Californians may oppose gay marriage, this statistic does not make their position constitutional, moral or ethical.
ReplyDeleteIt definitely does not make it constitutional, moral, or ethical, however, what is the point of voting in the first place? We should just have the judges make all the rules and laws instead of the people.
ReplyDeleteI think the Supreme Court of California should protect against the tyranny of the majority. Many people vote without taking it as seriously as I believe they should. They vote on issues of which they are uninformed. If one were to vote on prop 8 based on just the commercials on television, they would possibly make a different decision than if they knew all the facts without the lies.
ReplyDeleteI also think that we have an issue with who is allowed to vote. There are very few limits on voting, meaning that any adult can vote, qualified or not. What about a mentally challenged person, or an insane person?
Lastly, with regards to prop 8 specifically, I think the wording of the law was unclear. I have at times been confused about if voting yes meant yes to gay marriage, or whether it meant no. Perhaps many people accidentally voted yes, making gay marriage unlawful, while actually believing that they were doing the opposite.
-Susan Walker
I think that if the Supreme Court of California overturns Proposition 8, it will be going past protecting against tyranny of the majority and entering into the realm of judicial tyranny.
ReplyDeleteI am not sure that a group of unelected judges should have the prerogative to overturn a state constitutional amendment that was approved by a majority of California voters on two distinct occasions in the last decade.
I don't think that it is fair that this law is overturned by judges when it wasn't voted that way. I don't advocate either side but it seems like anti-prop 8 supporters are just trying to find a loophole around the way that Californians originally voted.
ReplyDeleteWilliam, make sure you know your Prop 8 facts:
ReplyDeleteCal is a unique state that let's Californians create referendums, have a million people sign them and put them on the ballot. Then they get to vote on them and make law. The original Prop 22 was in 2000 banning same sex marriage and was overruled on June 17, 2008 by the Cal Supreme Court. They said that the original measure was not Constitutional. That's one of the functions of the Supreme Court, challenging Constitutionality! So now that Californians created a Cal Const. Amendment the Supreme Court has no way to say that this law is unconstitutional since it is a part of the Const. So the only two ways to overturn Prop 8 are Federal law changes or another Cal vote to change the Const. again. Maybe Obama will come around. Doubtful though, he has not been a strong LGBT ally thus far. So I challenge your idea of judicial tyranny.
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ReplyDeleteI agree with Peter and Susan that voters are generally uninformed and easily swayed by emotion. It would be great if educated and fair minded people decided California laws that respected the human dignity of all Californians. Oh wait, that's called the Legislature. I don't think it should be so easy for people to create laws and change the Constitution through our current system. Once these Props go to ballot its easy to cloud the judgement of voters with lies and emotional bias. (cultural adds targeting Hispanics showing pictures of the same sex marriages that would some how be disrespected and the "teaching gay marriage in school" adds) Prop 8 is a troubling example of the majority voting on the rights of the minority. If you are interested in being an ally or talking about this subject more I invite you to a USD Pride meeting. We meet every Wednesday at 7 pm in the United Front in the SLP.
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