Thursday, May 15, 2008

The California State Supreme Court wants you to know where you can stick that vote.

Democracy was taken out at the knees today by 4 black-robed (and hooded?) justices that fashioned out of thin air the “right” to same-sex marriage.

Back in 2000, Californians were asked to give a simple up or down, yes or no vote on this statement: Only marriage between a man and a woman is valid or recognized in California. And for a state where 60% of the people can’t agree on what the color of the sky is, 61% said “Yes”.

The legitimate will of the people apparently does not hold water with the California Supreme Court as today, in a 4-3 decision, they told the voters to pound sand effectively overturning Prop. 22 by ruling in favor of gay marriages.

Personally, we’re opposed to gay marriage but not vehemently so. We’ll let others get into the moral and social consequences of what gay marriage means. More importantly, what is simultaneously discouraging and enraging about this is the overreach of the Court that presumes there is some sort of right for members of the same sex to be married when in fact nothing of the sort exists in the California Constitution.

And we loved the headline from SignOnSanDiego, the San Diego Union-Tribune’s online edition, “State ban on gay marriage overturned”. That is propoganda pure and simple. The word “ban” is freighted with the implication that there was a prohibition against gay marriage handed down by decree or by legislative fiat. The headline is intentionally misleading and the editors know it. The voters of California simply defined what they believed marriage to be… and it happened to not include gay marriage.

Our conservative brethren are already gearing up for a fight to pass an amendment to the Constitution codifying man-woman marriage. Wonderful. Thanks to the Supreme Court’s social agenda, overreach and hubris, we’ll be wasting time and political capital on an item that a) doesn’t belong in the Constitution and b) should never have been a Constitutional issue in the first place.

Exit Question: What do you think the reaction would be if Prop. 22 failed at polls and the Supremes went ahead and ruled against gay marriage?

17 comments:

Foxfier said...

Thank you for more information.

Linked.

BTW, are you going to get a stat counter?
http://www.statcounter.com/
says that something like 50% of my new people get there via you.

Dean said...

Foxie, Thanks.

I have had some issues with site meter... like getting it to work. I'll give statcounter a shot.

Foxfier said...

I've had very good luck with it; let me know that one guy was pretending to be several different people the first week I had it.

Anonymous said...

BwD,

Hey, I know how you feel. 'Bout 7 years ago my guy got the most votes for President of the United States...

- Mongo The Other Supreme Court Monitor

Anonymous said...

You're kidding, right?
Sincerely,
The Electoral College

Anonymous said...

Ah, The Electoral College,

So you're saying there are some things that DO trump the will of the people?

Interesting.

- Mongo of The Popular Vote

Foxfier said...

Mongo-

Oddly, I just made a post on this topic.

http://sailorette.blogspot.com/2008/05/bears-saying.html

Foxfier of the Republic---as opposed to two wolves and a sheep voting on dinner.

Anonymous said...

OMG... by the Constitution, the Electors represent the will of the people. Please stop while you're way behind.

Foxfier said...

Anon--even if they go against a democratic vote of the people?

"We ARE the voice of the people, even if they disagree!"

Anonymous said...

Anon,

What sailorette said.

The will of the people 7 years ago said one thing. The electoral college and the courts said another.

If one guy gets 50,456,002 people to vote for him, and the other guy gets 50,999,897 people to vote for him, and if the electoral college "represents the will of the people", then which guy should have more votes in the electoral college?

- Mongo The Logician

Foxfier said...

Mongo-
Republic, not democracy.

Anonymous said...

A "Republic". OK.

Which brings us back to the original BwD argument of the will of the people people being discounted. The system our Republic has allows for electoral colleges, courts, legislatures, presidents and other executives -- all sorts of entities -- to override the will of the people.

Nobody here is disputing that these checks and balances exist. My original comment was that while BwD was forlorn over a reversal of the will of the people on one issue, I was reminiscing about a certain election not so long ago...

As it stands now, sometimes our system works for your cause. Sometimes against. I'd trade you a hundred "gay marriage ban"-type reversals, for the reversal the Supreme Court and electoral college handed my guy in 2000.

- Mongo The Strict Constructionist

Foxfier said...

Small problem: in the case of 2000, they were following the established rules.

In this case, they didn't get the result they wanted, so they ignored the rules.

Anonymous said...

Show me where they didn't follow the rules and I'll concede the point.

- Litigation Mongo

Foxfier said...

Back in 2000, Californians were asked to give a simple up or down, yes or no vote on this statement: Only marriage between a man and a woman is valid or recognized in California. And for a state where 60% of the people can’t agree on what the color of the sky is, 61% said “Yes”.

"We'll put it to a vote!"
*get answer they don't like*
"Um...new game, courtward-HO!"

Dean said...

Forlorn = A reversal of the will of the people + no constitutional legal standing to do so.

You forgot that last part.

Anonymous said...

And going to court for an airing of grievances is against the rules how?

As for Dean's comment, wasn't the people's-will ban on the topic at hand ruled exactly that: "Unconstitutional"???

Or has the concept of judicial review gone out the window along with due process and habeus corpus over the past 7 years?

It's hard to keep track these days.

- Checks and Balances Mongo