I’ve been looking at some of the arguments that are going on in the Supreme Court regarding Proposition 8 and it strikes me that virtually all of the claims made by the pro-8 people are just dumb. Now keep in mind, this is being written in the first day or two of the case, even though it won’t be published until at least a week later (yes, I have posts scheduled out that far).
Let’s be honest, we have a secular government. That’s not under debate. So that means that any argument utilizing religion, or based on religion, is automatically a non-starter, but really, what more do they have? In listening to the pro-8 advocates, it’s clear that that’s all they’ve got but they have to keep skirting the issue and talking in cryptic language to avoid getting smacked for it. What’s worse, the religious justices on the SC are no better. They keep making clear and unmistakable references to religion without actually saying anything about religion. It’s the blindfolded leading the blindfolded.
Why is it so difficult for people to set aside their religious beliefs and just do the job for which they were appointed? Shouldn’t the people that are put on the Supreme Court be able to understand that their job is to interpret the Constitution, not to apply their personal beliefs, not to sell out to political ideologies and not to help out special interests to which they owe political hay? But no, that’s not the world we live in today, nobody in the government just does their job, they have to parade their biases around as well. This is true not only of religion, but of political biases. Justices on both sides of the coin feel they have to push their political agendas into their rulings, it’s not enough to just make a decision as they’re supposed to, they need to make their political masters happy too.
About the only point that we really need to look at is the argument that throwing out a proposition that violates standing state or federal law does away with the will of the people. Yes, in some ways, they are absolutely right, it does. However, the proposition system in California is inherently broken. It not only allows mob rule, but stupid mob rule. These propositions are not vetted by anyone before they are put on the ballot, there is no pre-qualification to see if they pass Constitutional muster or even if they can be implemented if passed. Someone could put a ballot measure altering the speed of light on the California ballot and if it passed, then what? It doesn’t mean a damn thing.
As I’ve pointed out, the people of Mississippi should not be able to put a ballot measure up for a vote that calls for the re-enslavement of blacks. It shouldn’t matter how many people vote for it, it shouldn’t matter how many people want it, it ought to be a dead measure before it even gets on the ballot. The same is true of Prop. 8. It should never have seen the ballot because it’s not something that ought to be permissible for passage in the first place.
Mob rule isn’t something that we permit in this country, the will of the majority doesn’t get to stomp on the rights of the minority and clearly, we have wording in the Constitution that has been found in the past to require equal rights across the board for all. Whatever your moral or religious views might be, you don’t get to push those moral or religious beliefs on anyone else through legislation made in our secular government. It simply cannot be permitted.
And you do know why Prop. 8 passed in the first place, right? This always pisses off liberals, but the only reason Prop. 8 passed at all was because of Obama. Many, many blacks and latinos who had never voted before came out to cast their first, and probably only vote for a black man. However, both the black and latino communites are very religious and while they were at the polls, they also voted against gay marriage, leading to the passage of Prop. 8. They also voted to tax the crap out of everyone else, since they are by-and-large poor and don’t pay taxes, which led to a lot of tax increases and political boondoggles making it through the political process that year. The craziness of the Obama campaign led directly to anti-homosexual hysteria, it was a complete backfire of the liberal desire to get gay marriage legalized. Sorry guys, Obama is to blame.
I really have no idea how this will turn out, I get the feeling that the SC will wimp out to a large degree, but I’m keeping my fingers crossed that it tosses out both Prop. 8 and DOMA and sets a precident that such laws do not fly anywhere in the nation. I’d love to have them overturn every any-gay-marriage law and constitutional amendment in the country, but I doubt they’ll go that far. The only thing that all of this makes painfully clear is how bad the system really is and how seriously it needs to be restructured. The fact that it ever gets to this point is absurd, if we allow the current absurd system to remain in place, we’re idiots.
Unfortunately, humanity is full of idiots.